Chapter 0193 - 562R - S Ver of HB2394

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. Digital impersonation of candidate or other person; relief; applicability; definitions

A. A candidate for public office or political party office who will appear on the ballot in this state or any citizen of this state may bring an action for digital impersonation within two years after the date that the person knows, or in the exercise of reasonable diligence should know, that a digital impersonation of the person who is bringing the action was published. The sole remedy on this cause of action is preliminary and permanent declaratory relief except as otherwise expressly provided by this section. To prevail on an action prescribed by this section, a plaintiff must prove all of the following:

1. That a digital impersonation of the person was published to one or more other persons without the person's consent.

2. That at the time of publication either of the following applies:

(a) The publisher did not reasonably convey to the persons to whom the publication was made that the recording or image was a digital impersonation or that its authenticity was disputed.

(b) It would not be obvious to a reasonable person that the recording or image was a digital IMPERSONATION.

B. If the digital impersonation is or is part of a paid advertisement, a cause of action for digital impersonation may be brought only against the person or entity that originated, ordered, placed or paid for the advertisement.

C. A provider of an interactive computer service may not be subject to an action for DIGITAL IMPERSONATION for PUBLISHING INFORMATION that is provided by another information content provider.

D. A person who BRINGS an action for digital IMPERSONATION may file a complaint and a motion for preliminary declaratory relief in the superior court. The plaintiff shall make diligent efforts to both serve and provide prompt actual notice to all defendants. The PUBLISHER of the alleged digital impersonation has the right to appear, be heard and present evidence before the court's entry of PRELIMINARY declaratory RELIEF, but a DEFENDANT'S FAILURE to appear does not preclude a court from granting PRELIMINARY declaratory relief.

E. The court shall rule on the motion for preliminary declaratory RELIEF within two days after the date that the complaint and motion are received by the judicial officer who is ASSIGNED to the case, excluding Saturdays, Sundays and court holidays. Preliminary declaratory relief may be granted against a defendant who does not appear only if the plaintiff's complaint is verified and a declaration is filed that states why with the exercise of reasonable diligence the defendant could not be served. If the court grants preliminary declaratory relief against a defendant who does not appear, the order granting the relief must be filed promptly in the clerk's office and entered in the record and must state all of the following:

1. The date and hour the order was issued.

2. Why the order was issued without notice.

3. The date and hour the order expires.

4. Any additional information that the judicial officer believes is necessary or appropriate to effectuate the order.

F. Preliminary declaratory relief may be granted only if the plaintiff proves the ELEMENTS of DIGITAL IMPERSONAtion PRESCRIBED by subsection A of this section and at least one of the following additional elements:

1. THE PERSON IS A CANDIDATE FOR PUBLIC OFFICE or political party office AND AN ELECTION IS SCHEDULED TO BE HELD FOR THAT PUBLIC OFFICE or political party office WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE THAT THE RELIEF IS REQUESTED.

2. THE DIGITAL IMPERSONATION DEPICTS THE PERSON ENGAGING IN A SEXUAL ACT OR DEPICTS THE UNCLOTHED BREASTS, BUTTOCKS OR GENITALS OF THE PERSON.

3. THE DIGITAL IMPERSONATION DEPICTS THE PERSON ENGAGING IN A CRIMINAL ACT.

4. IN THE ABSENCE OF preliminary DECLARATORY RELIEF, THE PERSON CAN BE REASONABLY EXPECTED TO SUFFER SIGNIFICANT PERSONAL OR FINANCIAL HARDSHIP OR LOSS OF EMPLOYMENT OPPORTUNITIES.

5. IN THE ABSENCE OF preliminary DECLARATORY RELIEF, THE PERSON'S REPUTATION WILL BE IRREPARABLY HARMED.

G. IF THE defendant DOES NOT APPEAR AND CONTEST THE CLAIM AND NO OTHER PARTY INTERVENES AS A DEFENDANT, THE PLAINTIFF is not ENTITLED TO TAXABLE COSTS.

H. If a defendant has not been served within ninety days after the date of filing and no party has APPEARED or INTERVENED as a defendant in intervention, the claims against that defendant shall be dismissed and any preliminary relief that was granted shall expire unless the court finds that the interests of justice require otherwise.

I. In addition to declaratory relief as prescribed in subsections A through F of this section, a plaintiff in an action for digital impersonation may obtain injunctive relief and damages only if the elements of DIGITAL impersonation PRESCRIBED in subsection A of this section and all of the following elements are proven:

1. The digital impersonation depicts the person engaging in a sexual act or DEPICTS the unclothed breasts, buttocks or genitals of the person, appeals to PRURiENT interests and offends local community standards.

2. The plaintiff was not a public figure, including a limited public figure, at the time the cause of action accrued.

3. The publication was made with actual knowledge that the recording or image was a digital impersonation or the publisher failed to take reasonable corrective action within twenty-one days after the publisher had actual knowledge that the recording or image was a digital impersonation. Reasonable corrective action includes removing or disabling access to the digital impersonation and publishing to the same audience a statement that the publication was a digital impersonation.

J. if preliminary declaratory relief is granted, any factual or legal determinations made by the court shall not be considered by the trier of fact or the court at any later stage of the proceeding or in any other proceeding.

K. The standard of proof for actions prescribed by this section is:

1. For preliminary declaratory relief, clear and convincing evidence.

2. For injunctive relief and damages, clear and convincing evidence.

3. For permanent declaratory relief, a preponderance of the evidence.

L. A plaintiff who brings an action under this section may file a COMPLaINT in the superior court for the county in which the plaintiff resides or, if the plaintiff is a candidate for president of the United States, in MARICOPA county or in any county in which one of the CANDIDATE'S political party's appointees for elector resides.

M. A parent or guardian of a minor child or incapacitated person may seek relief under this section on the minor child's or incapacitated person's behalf.

N. This section shall be narrowly construed in favor of both free and open discourse on matters of public concern and artistic expression and shall not be construed so as to abrogate any cause of action otherwise available.

O. All parties to a contested action seeking permanent declaratory relief, permanent injunctive relief or damages and that is brought pursuant to this section have the right to trial by jury.

P. This section applies fourteen days after the effective date of this section.

Q. For the purposes of this section:

1. "Digital impersonation" means synthetic media, typically video, audio or still image, that meets all of the following requirements:

(a) Has been digitally manipulated to convincingly replace one person's likeness or voice with that of another using deep generative methods and artificial intelligence techniques, or for which one person's likeness or voice has otherwise been simulated using deep generative methods and artificial intelligence techniques.

(b) Was created with the intention to deceive or lead reasonable listeners or viewers into believing that the content is authentic.

(c) Would lead reasonable viewers or listeners to believe that it is a true and accurate depiction of the impersonated person's voice or likeness and is something the impersonated person said or did.

(d) is not commentary, parody, satire, criticism or artistic expression.

(e) Was not created by the impersonated person or with the impersonated person's consent.

2. "Election" means any election in this state, including a primary, presidential preference, special or general election.

3. "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.

4. "Interactive computer service" means 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.

5. "Political party office" means an office to which persons are elected within a political party.

6. "Public office":

(a) means any office to which persons are elected by ballot at an election administered by this state or a political SUBDIVISION of this state.

(b) includes the office of president of the United STates where a candidate's name or a candidate's political party appointees for elector will appear on the ballot in this state. END_STATUTE

Sec. 2. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.