Revision: Oct. 23, 2023, 10:33 a.m.
2024 SESSION
24-2305.0
08/10
HOUSE BILL [bill number]
AN ACT requiring a disclosure of deceptive artificial intelligence usage in political advertising.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill requires the disclosure of deceptive artificial intelligence usage in political advertising.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2305.0
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT requiring a disclosure of deceptive artificial intelligence usage in political advertising.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Synthetic Media and Deceptive and Fraudulent Deep Fakes. Amend RSA 664 by inserting after section 14-b the following new section:
664:14-c Synthetic Media and Deceptive and Fraudulent Deep Fakes.
I. In this section:
(a) "Synthetic media" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video.
(b) "A deceptive and fraudulent deep fake" means synthetic media that:
(1) Appears to a reasonable person to depict a real individual saying or doing something that did not actually occur in reality; or
(2) Provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from the unaltered, original version of the image, audio recording, or video recording.
II. Except as provided in paragraph III, a person, corporation, committee, or other entity shall not, within 90 days of an election at which a candidate for elective office will appear on the ballot, distribute a synthetic media message that the person, corporation, committee or other entity knows or should have known is a deceptive and fraudulent deep fake, as defined in paragraph I, of a candidate or party on the state or local ballot.
III.(a) The prohibition in paragraph II shall not apply if the audio or visual media includes a disclosure stating: "This __________ has been manipulated or generated by artificial intelligence."
(b) The blank in the disclosure required by subparagraph (a) shall be filled with whichever of the following terms most accurately describes the media:
(1) Image.
(2) Video.
(3) Audio.
(c) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.
(d) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than two minutes in length, interspersed within the audio at intervals of not greater than 2 minutes each.
IV.(a) A candidate whose appearance, action, or speech is depicted through the use of a deceptive and fraudulent deep fake in violation of paragraph (b) may seek injunctive or other equitable relief prohibiting the publication of such deceptive and fraudulent deep fake.
(b) A candidate whose appearance, action, or speech is depicted using a deceptive and fraudulent deep fake in violation of paragraph II may also bring an action for general or special damages against the sponsor. The court may award a prevailing party reasonable attorneys' fees and costs. This section shall not limit or preclude a plaintiff from securing or recovering any other available remedy.
(c) This section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts a deceptive and fraudulent deep fake prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially deceptive audio or visual media.
(d) This section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast a deceptive and fraudulent deep fake and has made a good faith effort to establish the depiction is not a deceptive and fraudulent deep fake.
(e) This section shall not apply to an Internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate.
(f) This section shall not apply to materially deceptive audio or visual media that constitutes satire or parody, provided the satire or parody meets disclosure requirements in paragraph III.
VI. The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
2 Effective Date. This act shall take effect January 1, 2025.