Revision: June 6, 2024, 9:40 a.m.
June 5, 2024
2024-2267-CofC
08/05
Committee of Conference Report on HB 1596-FN, requiring a disclosure of deceptive artificial intelligence usage in political advertising.
Recommendation:
That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and
That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:
Amend RSA 664:14-c, V as inserted by section 1 of the bill by replacing it with the following:
V. This section shall not apply to any of the following:
(a) An interactive computer service provider as defined in 47 U.S.C. section 230 for content provided by another party.
(b) An individual who, within 90 days of an election at which a candidate for elective office will appear on the ballot, distributes a message created using artificial intelligence or generative AI that the individual did not know and had no reasonable way of knowing that the distributed material was a deepfake, as defined in paragraph I, of a candidate, election official, or party on the state or local ballot.
(c) Any radio or television broadcasting station or network, newspaper, magazine, cable or satellite radio or television operator, programmer, or producer, Internet website or online platform, or other periodical that publishes, distributes or broadcasts a deepfake prohibited by paragraph II as part of a bona fide news report, newscast, news story, news documentary or similar undertaking in which the deepfake is a subject of the report and in which publication, distribution, or broadcast there is contained a clear acknowledgment that there are questions about the authenticity of the materials which are the subject of the report.
(d) Any radio or television broadcasting station or network, newspaper, magazine, cable or satellite television operator, Internet website or online platform, or other periodical when such entity is paid to publish, distribute or broadcast an election communication including a deepfake prohibited by paragraph II, provided that the entity does not remove or modify any disclaimer provided by the creator or sponsor of the election communication.
(e) A video, audio or any other media that constitutes satire or parody or the production of which is substantially dependent on the ability of one or more individuals to physically or verbally impersonate another person without reliance on artificial intelligence.
The signatures below attest to the authenticity of this Report on HB 1596-FN, requiring a disclosure of deceptive artificial intelligence usage in political advertising.
Conferees on the Part of the Senate Conferees on the Part of the House
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Sen. Gray, Dist. 6 Rep. S. Smith, Sull. 3
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Sen. Abbas, Dist. 22 Rep. Qualey, Ches. 18
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Sen. Perkins Kwoka, Dist. 21 Rep. Lane, Merr. 16
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Rep. Brennan, Merr. 9