ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: ELEC DP 7-1-0-0 | 3^rd Read: 24-4-2-0 House: MOE DPA 8-0-0-1

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SB 1359: election communications; deep fakes; prohibition

Sponsor: Senator Carroll, LD 28

Caucus & COW

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)

Amendments

Committee on Municipal Oversight & Elections

1. Removes the applicability of this act to a political party on the ballot.

2. Clarifies that the clear and conspicuous disclosure must convey to a reasonable person that the media includes content generated by artificial intelligence.

3. Removes disclosure requirements for media consisting of audio only.

4. Removes certain exemptions in specified circumstances applying to broadcast media, news organizations, periodicals and certain internet websites.

5. Removes language constituting violations of this act as specified criminal offenses. 

6. Specifies a person who fails to make the disclosure as required by this act is liable for a civil penalty for each day, they distribute the deceptive and fraudulent deepfake without such disclosure.

7. Alters the definition of a deceptive and fraudulent deepfake to specify that the synthetic media depicting a candidate must be 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.

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11.                   SB 1359

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