House File 2549 H-8115 Amend House File 2549 as follows: 1 1. Page 1, line 20, by striking < class “D” felony > and 2 inserting < simple misdemeanor punishable by confinement for no 3 more than ninety days and a fine of not more than one thousand 4 dollars > 5 2. Page 2, line 2, by striking < class “D” felony > and 6 inserting < simple misdemeanor punishable by confinement for no 7 more than ninety days and a fine of not more than one thousand 8 dollars > 9 3. Page 2, by striking lines 3 through 8 and inserting: 10 < Sec. ___. NEW SECTION . 68A.507 Synthetic media —— 11 restrictions —— penalties. 12 1. For the purposes of this section: 13 a. “Creator” means a person who utilizes or deploys 14 artificial intelligence, as defined in section 52.7, or other 15 digital technology to generate synthetic media. 16 b. “Deceptive and fraudulent deepfake” means synthetic media 17 that depicts a candidate or political party with the intent to 18 injure the reputation of the candidate or party or otherwise 19 deceive a voter and that does any of the following: 20 (1) Appears to a reasonable person to depict a real 21 individual saying or doing something that did not actually 22 occur in reality. 23 (2) Provides a reasonable person a fundamentally different 24 understanding or impression of an appearance, action, or speech 25 than a reasonable person would have from an unaltered, original 26 version of an image, audio recording, or video recording. 27 c. “Synthetic media” means an image, an audio recording, 28 or a video recording of an individual’s appearance, action, or 29 speech that has been created or intentionally manipulated with 30 the use of generative adversarial network techniques or other 31 digital technology in a manner to create a realistic but false 32 image, audio, or video. 33 2. Except as provided in subsection 3, a person shall 34 not, within ninety days of an election at which a candidate 35 -1- HF 2549.3364 (2) 90 ss/ns 1/ 4 #1. #2. #3.

will appear on a ballot, distribute a synthetic media message 1 that the person knows or should have known is a deceptive and 2 fraudulent deepfake of a candidate or party on the ballot. 3 3. Subsection 2 does not apply if the synthetic media 4 includes a disclosure stating that the image, audio, or video 5 has been manipulated or generated by artificial intelligence. 6 a. For visual media, the text of the disclosure shall appear 7 in a size that is easily readable by the average viewer and 8 no smaller than the largest font size of other text appearing 9 in the visual media. If the visual media does not include 10 any other text, the disclosure shall appear in a size that is 11 easily readable by the average viewer. For visual media that 12 is video, the disclosure shall appear for the duration of the 13 video. 14 b. For media that consists of audio only, the disclosure 15 shall be read in a clearly spoken manner and in a pitch that can 16 be easily heard by the average listener, at the beginning of 17 the audio, at the end of the audio, and, if the audio is greater 18 than two minutes in length, interspersed within the audio at 19 intervals of not greater than two minutes each. 20 4. This section does not apply to a radio or television 21 broadcasting station, including a cable or satellite television 22 operator, programmer, or producer, that broadcasts a deceptive 23 and fraudulent deepfake prohibited by this section as part of 24 a bona fide newscast, news interview, news documentary, or 25 on-the-spot coverage of bona fide news events, if the broadcast 26 clearly acknowledges through content or a disclosure, in a 27 manner that can be easily heard or read by the average listener 28 or viewer, that there are questions about the authenticity of 29 the audio or visual media. 30 5. This section does not apply to a radio or television 31 broadcasting station, including a cable or satellite television 32 operator, programmer, or producer, when it is paid to broadcast 33 a deceptive and fraudulent deepfake and has made a good-faith 34 effort to establish the depiction is not a deceptive and 35 -2- HF 2549.3364 (2) 90 ss/ns 2/ 4

fraudulent deepfake. 1 6. This section does not apply to an internet site or a 2 regularly published newspaper, magazine, or other periodical 3 of general circulation, including an internet or electronic 4 publication, that routinely carries news and commentary of 5 general interest, and that publishes audio or visual media 6 prohibited by this section, if the publication clearly states 7 that the media does not accurately represent the speech or 8 conduct of the candidate. This section also does not apply 9 to an interactive computer service provider, cloud service 10 provider, or internet service provider. 11 7. This section does not apply to audio or visual media that 12 constitutes satire or parody. 13 8. Notwithstanding section 68A.701: 14 a. A candidate whose appearance, action, or speech is 15 depicted through the use of a deceptive and fraudulent deepfake 16 in violation of subsection 2 may seek injunctive or other 17 equitable relief prohibiting the publication of such deceptive 18 and fraudulent deepfake. 19 b. A person who violates subsection 2 is guilty of a simple 20 misdemeanor punishable by confinement for no more than ninety 21 days and a fine of not more than one thousand dollars. 22 c. A person who violates subsection 2 with the intent 23 to cause violence or bodily harm is guilty of a serious 24 misdemeanor. 25 d. A person who violates subsection 2 within five years of 26 a prior conviction for a violation of subsection 2 is guilty 27 of a class “D” felony. 28 e. A creator of a material distributed in violation of 29 subsection 2 is guilty of a simple misdemeanor punishable by 30 confinement for no more than ninety days and a fine of not more 31 than one thousand dollars. > 32 4. By renumbering as necessary. 33 -3- HF 2549.3364 (2) 90 ss/ns 3/ 4