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STATE OF WYOMING Working Draft
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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
Unlawful dissemination of misleading synthetic media.
Sponsored by: Select Committee on Blockchain, Financial Technology and Digital Innovation Technology
A BILL
for
1 AN ACT relating to consumer protection; prohibiting the
2 dissemination of synthetic media as specified; providing
3 definitions; providing remedies; providing penalties; and
4 providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 40-30-201 is created to read:
9
10 ARTICLE 2
11 SYNTHETIC MEDIA
12
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1 40-30-201. Unlawful dissemination of misleading
2 synthetic media; penalties.
3
4 (a) As used in this section:
5
6 (i) "Record" means as defined in W.S.
7 40-21-102(a)(xiii);
8
9 (ii) "Synthetic media" means an image, audio
10 record or video record of a natural person's appearance,
11 speech or conduct that has been intentionally manipulated
12 or generated in a manner to create a realistic appearing
13 but false image, audio or video or other representation
14 that to a reasonable person is of a real natural person in
15 appearance, action or speech, which appearance, action or
16 speech did not actually occur and which would cause a
17 reasonable person to believe the appearance, action or
18 speech occurred.
19
20 (b) A person engages in unlawful dissemination of
21 misleading synthetic media under this article when he
22 knowingly and intentionally disseminates synthetic media:
23
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1 (i) Without:
2
3 (A) Displaying clear and conspicuous notice
4 in any visual synthetic media identifying the synthetic
5 media as synthetic media; or
6
7 (B) If the synthetic media consists of
8 audio only and visual disclosure is not feasible, providing
9 a disclosure identifying the synthetic media as synthetic
10 media, which disclosure shall be read in a clearly spoken
11 manner and in a pitch that can be easily heard by the
12 average listener; and
13
14 (ii) With the intent to mislead others about the
15 appearance, actions or speech of the natural person
16 represented in the synthetic media.
17
18 ***********************************************************
19 *******************
20 STAFF COMMENT
21 The Committee may wish to consider whether a consent
22 element would be appropriate. Paragraph (b)(i) could be
23 amended to include a new subdivision along the lines of:
24
25 (C) The express consent of the natural person;
26 ***********************************************************
27 *******************
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1 (c) Any person who is depicted by or who is misled by
2 synthetic media disseminated in violation of subsection (b)
3 of this article may maintain a civil action to enjoin or
4 restrain the dissemination of the synthetic media and may
5 in the same action seek damages from the person who
6 disseminated the synthetic media. A court may award any of
7 the following remedies to a plaintiff prevailing in an
8 action brought pursuant to this section:
9
10 (i) Equitable relief;
11
12 (ii) Damages;
13
14 (iii) Costs and fees, including reasonable
15 attorney fees;
16
17 (iv) Exemplary damages in an amount not less
18 than one thousand dollars ($1,000.00) per plaintiff.
19
20 (d) The attorney general may enforce the provisions
21 of this article and investigate violations of this article.
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1 (e) The attorney general or any district attorney may
2 on behalf of the state bring an action for temporary or
3 permanent injunctive or other relief in any court of
4 competent jurisdiction for any violation of this article.
5 The court may, upon entry of final judgment finding a
6 violation of this article, award restitution when
7 appropriate to any person suffering loss because of a
8 violation of this article if proof of the loss is submitted
9 to the satisfaction of the court.
10
11 (f) This article shall not prohibit actions under
12 other statutory or common law provisions against conduct or
13 practices identical or similar to those declared to be
14 unlawful by section (b) of this section. However, the
15 remedies provided in this article are the exclusive
16 remedies for actions brought pursuant to this article.
17
18 (g) This section shall not apply to:
19
20 (i) A radio or television broadcasting station,
21 including a cable or satellite television operator,
22 programmer or producer, that broadcasts an election
23 communication that includes synthetic media prohibited by
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1 subsection (b) of this section as part of a bona fide
2 newscast, news interview, news documentary or on-the-spot
3 coverage of a bona fide news event if the broadcast clearly
4 acknowledges through content or a disclosure, in a manner
5 that can be easily heard and understood or read by the
6 average listener or viewer, that there are questions about
7 the authenticity of the synthetic media in the election
8 communication;
9
10 (ii) Any entity who broadcasts an advertisement
11 without censorship under 47 U.S.C. 315;
12
13 (iii) An internet service provider, search
14 engine, cloud service provider or any affiliate or
15 subsidiary thereof that disseminates misleading synthetic
16 media solely as a result of providing access or connection
17 to information or content on the internet or other
18 electronic sources that are not under the service provider
19 or search engine's control, to the extent that the service
20 provider or search engine is not responsible for the
21 creation of the misleading synthetic media on which an
22 alleged violation of this section is based.
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1 (h) Dissemination of any synthetic media that
2 constitutes satire or parody or is otherwise protected
3 under the first amendment to the United States constitution
4 or article 1, section 20 of the Wyoming constitution shall
5 not be deemed to violate this section.
6
7 Section 2. This act is effective July 1, 2025.
8
9 (END)
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