Bill Summary – FastDemocracy

                                                      24LSO-0236
                             STATE OF WYOMING
                            SENATE FILE NO. SF0051
     Unlawful dissemination of misleading synthetic media.
     Sponsored by:    Select Committee on Blockchain, Financial Technology and Digital Innovation Technology
                                       A BILL
                                        for
 AN   ACT   relating to   consumer protection;   prohibiting the
 dissemination of synthetic media as specified; providing
 definitions; providing remedies; providing penalties; and
 providing for an effective date.
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 Be It Enacted by the Legislature of the State of Wyoming:
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        Section 1.     W.S. 40-30-201 is created to read:
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                                  ARTICLE 2
                             SYNTHETIC MEDIA
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        40-30-201.     Unlawful distribution of   misleading
 synthetic media; penalties.
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                                         1              SF0051
                       STATE OF WYOMING                           24LSO-0236
        (a)   As used in this section:
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              (i)     "Record"       means as      defined in   W.S.
 40-21-102(a)(xiii);
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              (ii)      "Synthetic media"         means an    image,      audio
 record or video record of a natural person's appearance,
 speech or conduct that has been intentionally manipulated
 or generated in a manner to create a realistic but false
 image, audio or video or other representation that to a
 reasonable person is     of       a real natural person in
 appearance, action or speech, which appearance, action or
 speech did not actually occur and which would cause    a
 reasonable person to    believe the appearance,      action or
 speech occurred.
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        (b)   A   person engages in   unlawful dissemination of
 misleading synthetic media under this article when he
 knowingly and intentionally disseminates synthetic media
 knowing it to be synthetic media:
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              (i)     Without:
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                                             2                  SF0051
                         STATE OF WYOMING                         24LSO-0236
                       (A)   Displaying clear and conspicuous notice
 in any visual synthetic media identifying the synthetic
 media as synthetic media; or
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                       (B)   If the synthetic media consists of
 audio only,      providing         a disclosure identifying the
 synthetic media as synthetic media, which disclosure shall
 be read in a clearly spoken manner and in a pitch that can
 be easily heard by the average listener, at the beginning
 of the audio, at the end of the audio and, if the audio is
 greater than two (2) minutes in length, interspersed within
 the audio at intervals of not more than two (2) minutes
 each.
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               (ii)     With the intent to mislead others about the
 appearance,         actions or   speech of    the natural person
 represented in the synthetic media.
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        (c)    Any person who is depicted by or who is misled by
 synthetic media disseminated in violation of subsection (b)
 of this article may maintain a civil action to enjoin or
 restrain the dissemination of the synthetic media and may
 in the same action seek damages from the person who
                                             3                SF0051
                          STATE OF WYOMING                                 24LSO-0236
 disseminated the synthetic media. A court may award any of
 the following remedies to       a plaintiff prevailing in   an
 action brought pursuant to this section:
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                (i)     Equitable relief;
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                (ii)    Damages;
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                (iii)    Costs and fees,        including reasonable
 attorney fees;
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                (iv)    Exemplary damages in    an amount not less
 than one thousand dollars ($1,000.00) per plaintiff.
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        (d)     The attorney general may enforce the provisions
 of this article and investigate violations of this article.
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        (e)     The attorney general or any district attorney may
 on behalf of the state bring an action for temporary or
 permanent injunctive or    other relief in   any court of
 competent jurisdiction for any violation of this article.
 The court may,     upon entry of     final judgment finding      a
 violation of      this article,            award restitution when
                                                4                     SF0051
                       STATE OF WYOMING                           24LSO-0236
 appropriate to   any person suffering loss because of    a
 violation of this article if proof of the loss is submitted
 to the satisfaction of the court.
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        (f)   This article shall not prohibit actions under
 other statutory or common law provisions against conduct or
 practices identical or     similar to    those declared to    be
 unlawful by   section         (b)    of this section.     However,      the
 remedies provided in     this article are the exclusive
 remedies for actions brought pursuant to this article.
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        (g)   A    person who disseminates synthetic media in
 violation of subsection (b) of this section with malicious
 intent, to influence the outcome of any election within the
 state of Wyoming or to facilitate any other criminal act is
 guilty of a misdemeanor punishable by imprisonment for not
 more than six (6) months, a fine of not more than seven
 hundred fifty dollars ($750.00), or both.
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        (h)   Dissemination of    any synthetic media protected
 under the first amendment to the United States constitution
 or article 1, section 20 of the Wyoming constitution shall
 not be deemed to violate this section.
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                  STATE OF WYOMING            24LSO-0236
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        Section 2.   This act is effective July 1, 2024.
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                               (END)
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