S.F. 2318 Section 1. NEW SECTION . 68A.507 Synthetic media —— 1 restrictions —— penalties. 2 1. For the purposes of this section: 3 a. “Deceptive and fraudulent deepfake” means synthetic media 4 that depicts a candidate or political party with the intent to 5 injure the reputation of the candidate or party or otherwise 6 deceive a voter and that does any of the following: 7 (1) Appears to a reasonable person to depict a real 8 individual saying or doing something that did not actually 9 occur in reality. 10 (2) Provides a reasonable person a fundamentally different 11 understanding or impression of an appearance, action, or speech 12 than a reasonable person would have from an unaltered, original 13 version of an image, audio recording, or video recording. 14 b. “Synthetic media” means an image, an audio recording, 15 or a video recording of an individual’s appearance, action, or 16 speech that has been created or intentionally manipulated with 17 the use of generative adversarial network techniques or other 18 digital technology in a manner to create a realistic but false 19 image, audio, or video. 20 2. Except as provided in subsection 3, a person shall 21 not, within ninety days of an election at which a candidate 22 will appear on a ballot, distribute a synthetic media message 23 that the person knows or should have known is a deceptive and 24 fraudulent deepfake of a candidate or party on the ballot. 25 3. Subsection 2 does not apply if the synthetic media 26 includes a disclosure stating that the image, audio, or video 27 has been manipulated or generated by artificial intelligence. 28 a. For visual media, the text of the disclosure shall appear 29 in a size that is easily readable by the average viewer and 30 no smaller than the largest font size of other text appearing 31 in the visual media. If the visual media does not include 32 any other text, the disclosure shall appear in a size that is 33 easily readable by the average viewer. For visual media that 34 is video, the disclosure shall appear for the duration of the 35 -1- LSB 5750XS (3) 90 ss/ns 1/ 4

S.F. 2318 video. 1 b. For media that consists of audio only, the disclosure 2 shall be read in a clearly spoken manner and in a pitch that can 3 be easily heard by the average listener, at the beginning of 4 the audio, at the end of the audio, and, if the audio is greater 5 than two minutes in length, interspersed within the audio at 6 intervals of not greater than two minutes each. 7 4. This section does not apply to a radio or television 8 broadcasting station, including a cable or satellite television 9 operator, programmer, or producer, that broadcasts a deceptive 10 and fraudulent deepfake prohibited by this section as part of 11 a bona fide newscast, news interview, news documentary, or 12 on-the-spot coverage of bona fide news events, if the broadcast 13 clearly acknowledges through content or a disclosure, in a 14 manner that can be easily heard or read by the average listener 15 or viewer, that there are questions about the authenticity of 16 the audio or visual media. 17 5. This section does not apply to a radio or television 18 broadcasting station, including a cable or satellite television 19 operator, programmer, or producer, when it is paid to broadcast 20 a deceptive and fraudulent deepfake and has made a good-faith 21 effort to establish the depiction is not a deceptive and 22 fraudulent deepfake. 23 6. This section does not apply to an internet site or a 24 regularly published newspaper, magazine, or other periodical 25 of general circulation, including an internet or electronic 26 publication, that routinely carries news and commentary of 27 general interest, and that publishes audio or visual media 28 prohibited by this section, if the publication clearly states 29 that the media does not accurately represent the speech or 30 conduct of the candidate. 31 7. This section does not apply to audio or visual media that 32 constitutes satire or parody. 33 8. Notwithstanding section 68A.701: 34 a. A candidate whose appearance, action, or speech is 35 -2- LSB 5750XS (3) 90 ss/ns 2/ 4

S.F. 2318 depicted through the use of a deceptive and fraudulent deepfake 1 in violation of subsection 2 may seek injunctive or other 2 equitable relief prohibiting the publication of such deceptive 3 and fraudulent deepfake. 4 b. A person who violates subsection 2 is guilty of a simple 5 misdemeanor punishable by confinement for no more than ninety 6 days and a fine of not more than one thousand dollars. 7 c. A person who violates subsection 2 with the intent 8 to cause violence or bodily harm is guilty of a serious 9 misdemeanor. 10 d. A person who violates subsection 2 within five years of 11 a prior conviction for a violation of subsection 2 is guilty 12 of a class “D” felony. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the publication of synthetic media 17 within 90 days of an election. The bill prohibits a person 18 from publishing synthetic media, defined in the bill, that 19 constitutes a deceptive and fraudulent deepfake, defined 20 in the bill as synthetic media that depicts a candidate or 21 political party with the intent to injure the reputation of 22 the candidate or party or otherwise deceive a voter, of a 23 candidate or political party appearing on a ballot within 24 90 days of the publication, unless the person complies with 25 certain disclosure requirements. The bill does not apply to 26 media organizations reporting on media if the organization 27 discloses that the authenticity of the media is in doubt or 28 that the media is inaccurate, or if the organization is paid 29 to broadcast a deceptive and fraudulent deepfake and made a 30 good-faith effort to establish the depiction is not a deceptive 31 and fraudulent deepfake. The bill also does not apply to media 32 that constitutes satire or parody. 33 The bill allows a candidate whose appearance, action, 34 or speech is depicted through the use of a deceptive and 35 -3- LSB 5750XS (3) 90 ss/ns 3/ 4

S.F. 2318 fraudulent deepfake in violation of the bill to seek injunctive 1 or other equitable relief prohibiting publication of the 2 deceptive and fraudulent deepfake. A person who publishes 3 a deceptive and fraudulent deepfake without a disclosure is 4 guilty of a simple misdemeanor punishable by confinement for 5 no more than 90 days and a fine of not more than $1,000. A 6 person who publishes a deceptive and fraudulent deepfake with 7 the intent to cause violence or bodily harm is guilty of a 8 serious misdemeanor. A serious misdemeanor is punishable 9 by confinement for no more than one year and a fine of at 10 least $430 but not more than $2,560. A person convicted of 11 publishing a deceptive and fraudulent deepfake in violation 12 of the bill within five years of a previous conviction for a 13 violation of the bill is guilty of a class “D” felony. A class 14 “D” felony is punishable by confinement for no more than five 15 years and a fine of at least $1,025 but not more than $10,245. 16 -4- LSB 5750XS (3) 90 ss/ns 4/ 4