ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: ELEC DP 7-1-0-0 | 3^rd Read: 24-4-2-0

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SB 1359: election communications; deep fakes; prohibition

Sponsor: Senator Carroll, LD 28

Committee on Municipal Oversight & Elections

Overview

Establishes a period of 90 days before an election during which a person who creates or distributes a deceptive and fraudulent deepfake of a candidate or political party on the ballot, without a clear and conspicuous disclosure, commits a class 1 misdemeanor.

History

Interactive computer service refers to any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions (47 U.S.C. § 230).

Provisions

1. Prohibits, within 90 days of an election, a person from creating, sponsoring or distributing a synthetic media message the person knows is a deceptive and fraudulent deepfake of a candidate or political party appearing on the ballot. (Sec. 1)

2. Exempts a person from the prohibition outlined above if the synthetic media message includes a clear and conspicuous disclosure specifying that the media includes content generated by artificial intelligence. (Sec. 1)

3. Requires, for media consisting of audio only where no visual disclosure is possible, the disclosure to be read in a clearly spoken manner in a pitch that can be easily heard by the average listener at the beginning and the end of the audio. (Sec. 1)

4. Specifies, if the audio is longer than two minutes in length, the disclosure outlined above must be interspersed within the audio at intervals of not more than two minutes each. (Sec. 1)

5. Allows a candidate whose appearance, action or speech is depicted in a deceptive and fraudulent deepfake in violation of this act, to seek injunctive or other equitable relief from the sponsor or the creator of the media that prohibits the publication of the deepfake. (Sec. 1)

6. Exempts radio or television broadcasting stations, including cable or satellite television operators, programmers or producers in the following circumstances:

a) the broadcast of a deceptive and fraudulent deepfake as part of a bona fide newscast, if an acknowledgement is made that there are questions surrounding the authenticity of the media; or

b) when paid to broadcast a deceptive and fraudulent deepfake, the broadcasting organization makes a good faith effort to establish that the depiction is not a deceptive and fraudulent deepfake. (Sec. 1)

7. Exempts internet websites and regularly published periodicals of general circulation, including internet or electronic publications, that routinely carry news and commentary if the publication clearly states that the materially deceptive audio or visual media was generated by artificial intelligence. (Sec. 1)

8. Exempts media that constitutes satire or parody and an interactive computer service as defined by federal law. (Sec. 1)

9. Classifies a violation of this law as a class 1 misdemeanor. (Sec. 1)

10. Specifies a person who commits a violation of this law within five years of being convicted for this same offense is guilty of a class 4 felony. (Sec. 1)

11. Classifies the violation of this law with the intent to cause violence or bodily harm as a class 6 felony. (Sec. 1)

12. Defines creator, deceptive and fraudulent deepfake and synthetic media. (Sec. 1)

13. Contains a severability clause. (Sec. 2)

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17.                   SB 1359

18. Initials JH           Page 0 Municipal Oversight & Elections

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