Chapter 0199 - 562R - H Ver of SB1359

House Engrossed Senate Bill

election communications; deep fakes; prohibition

(now: election communications; deepfakes; prohibition)

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

CHAPTER 199

SENATE BILL 1359

An Act

amending title 16, chapter 7, article 1, Arizona Revised Statutes, by adding section 16-1023; relating to election communications.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 16, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 16-1023, to read:

START_STATUTE16-1023. Deepfakes; candidates; political parties; exemptions; violation; classification; definitions

A. Within ninety days before an election at which a candidate for elected office will appear on the ballot, a person who acts as a creator shall not create and distribute a synthetic media message that the person knows is a deceptive and fraudulent deepfake of that candidate that is on that ballot unless the synthetic media message includes a clear and conspicuous disclosure that conveys to a reasonable person that the media includes content generated by artificial intelligence.

b. This section does not apply to:

1. Media that constitutes satire or parody.

2. An interactive computer service as defined in 47 United States Code section 230.

C. A person who fails to make the disclosure required under this section is liable for the civil penalty prescribed by section 16-937, subsection B, for each day that they distribute the deceptive and fraudulent deepfake without such disclosure.

D. For the purposes of this section:

1. "Creator":

(a) MEANS ANY PERSON THAT uses ARTIFICIAL INTELLIGENCE OR OTHER DIGITAL TECHNOLOGY TO GENERATE SYNTHETIC MEDIA.

(b) DOES NOT INCLUDE THE PROVIDER OF ANY TECHNOLOGY USED IN THE CREATION OF SYNTHETIC MEDIA.

2. "Deceptive and fraudulent deepfake" means synthetic media that depicts a candidate with knowledge of its falsity and the intent to injure the reputation of the candidate and that is intentionally calculated to mislead a reasonable person into concluding that a real individual said or did something that they did not say or do in reality.

3. "Synthetic media" means an image, audio recording or video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology in a manner to create a realistic but false image, audio or video. END_STATUTE

Sec. 2. Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.