California
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Cal. Election Code §20010
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2019
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Disclosure
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Prohibits the publication of materially deceptive media intended to harm a candidate or deceive voters into voting for or against a candidate 60 days prior to an election where a candidate will appear on the ballot, unless it includes a disclosure that the media has been manipulated.
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Civil
- A candidate may seek injunctive relief to prohibit the publication of the deceptive media.
- A candidate may seek general or special damages, including attorney’s fees and costs.
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Florida
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Fla. Stat. § 106.145
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2024
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Disclosure
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Requires media generated by AI that depicts another person performing an action that did not occur with the intent to harm a candidate or deceive voters regarding a ballot issue to include a disclaimer stating that the media was created by AI.
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Criminal
- A person who fails to include the disclaimer is guilty of a misdemeanor of the first degree.
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Idaho
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Idaho Code § 67-6628A
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2024
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Disclosure
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Requires synthetic media that deceptively represents a candidate to contain a disclosure that the media has been manipulated.
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Civil
- A candidate may seek injunctive relief to prohibit the publication of the synthetic media.
- A candidate may seek general or special damages, including attorney’s fees and costs.
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Indiana
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Ind. Code § 3-9-8
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2024
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Disclosure
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Requires fabricated media intended to injure a candidate or influence the outcome of an election to include a disclaimer that the media has been digitally altered or artificially generated.
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Civil
- A candidate may seek injunctive relief to prohibit the publication of the fabricated media.
- A candidate may seek actual damages including court costs and attorney’s fees.
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Michigan
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Mich. Comp. Laws §§168.932f, 169.247
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2023
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Disclosure
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Prohibits the publication of materially deceptive media intended to harm a candidate and deceive voters into voting for or against a candidate 90 days prior to an election, unless it includes a disclosure that the media has been manipulated.
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Civil
- A candidate may seek injunctive relief to prohibit the publication of the deceptive media.
- If the request for injunctive relief is frivolous, attorney fees and costs may be awarded to the defendant.
Criminal
- First violation is punishable with a maximum of 90 days in prison and/or a fine of $500.
- Second violations within five years of the first are punishable with a maximum of five years in prison and/or a fine of $1,000.
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Minnesota
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Minn. Stat §609.771
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2023
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Prohibition
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Prohibits the publication of deepfake media intended to harm a candidate and without the consent of the depicted individual 90 days prior to an election.
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Civil
- A person may seek injunctive relief to prohibit the publication of the deepfake.
Criminal
- First violation is punishable with a maximum of 90 days in prison and/or a fine of $1,000.
- Second violation within five years of the first are punishable with a maximum of five years in prison and/or a fine of $10,000.
- Violations that result in violence or bodily harm are punishable with a maximum of one year in prison and/or a fine of $3,000.
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Mississippi
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SB 2577 (2024)
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2024
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Disclosure
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Digitizations within 90 days of an election done without the consent of the individual depicted and intended to injure a candidate or influence an election are prohibited unless a disclosure is included stating that the conduct or speech depicted did not actually occur.
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Civil
- A person may seek injunctive relief to prohibit and take down the publication of the digitization.
Criminal
- Violations with the intent to cause violence, or if a person has committed a violation in the past five years, is punishable with a maximum of five years in prison and/or a maximum fine of $10,000.
- All other violations are punishable with a maximum of one year in prison and/or a maximum fine of $5,000.
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New Mexico
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N.M. Stat. Ann. §§ 1-19-26.4, 1-19-26.8
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2024
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Disclosure
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Prohibits the publication of materially deceptive media intended to alter voting behaviors 90 days prior to an election unless it includes a disclosure that the media has been manipulated.
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Civil
- The state ethics commission may seek injunctive relief to prohibit the publication of the deceptive media.
- A civil penalty up to $1,000 for each violation not to exceed $20,000 total.
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Oregon
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Or. Rev. Stat. § 260.345
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2024
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Disclosure
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Requires campaign communications that contain synthetic media to include a disclosure stating that the media has been manipulated.
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Civil
- Any person may seek a restraining order, prohibition or injunction along with attorney fees.
- A penalty of no more than $10,000.
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Texas
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Tex. Election Code Ann. § 255.004
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2019
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Prohibition
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Prohibits the publication of deepfake videos to harm a candidate or influence an election 30 days prior to an election.
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Criminal
- Punishable with a class A misdemeanor which results in a maximum of 1 year in prison and/or a fine of $4,000.
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Utah
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Utah Code Ann. § 20A-11-1104
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2024
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Disclosure
Digitally Embedded Disclosure
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Requires synthetic media intended to influence voting to contain a disclaimer that it was generated by AI. Requires the media to be embedded with tamper-evident digital content provenance that discloses the author, creator, and any other entities that subsequently altered the media and disclosure of the use of AI to create or edit the media.
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Civil
- A civil penalty of up to $1,000 for each violation.
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Washington
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Wash. Rev. Code §42.62.020
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2023
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Disclosure
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Requires a disclosure on synthetic media used to depict a candidate.
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Civil
- A candidate may seek injunctive relief to prohibit the publication of the synthetic media.
- A candidate may seek general or special damages, including attorney’s fees and costs.
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Wisconsin
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Wis. Stat. § 11.1303
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2024
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Disclosure
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Requires synthetic media intended to influence the outcome of an election to include a disclosure stating that the media was generated by AI. Those who comply with these requirements may still be subject to violations of publishing false representations of candidates or referendum under Wis. Stat. § 12.05.
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Civil
- Forfeiture up to $1,000 for each violation.
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