HSB 643 (LSB 5522DP (2) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL)

A BILL FOR

An Act relating to the use of synthetic media in campaign materials, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  68A.407  Synthetic media —— disclosure.
   1.  For purposes of this section:
   a.  “Synthetic media” means an image, audio recording, or video recording of an individual’s appearance, speech, or conduct that has been intentionally manipulated with the use of any form of digital technology in a manner to create a realistic but false image, audio recording, or video recording that produces any of the following:
   (1)  A depiction of an individual in appearance, speech, or conduct that a reasonable individual would believe depicts a real individual.
   (2)  A materially different understanding or impression than a reasonable individual would have from the unaltered, original version of the image, audio recording, or video recording.
   b.  “Synthetic media” does not include content created using digital technology solely for text generation, grammar correction, spelling checks, stylistic editing, or enhancing existing content without creating a new impersonation of a human likeness or voice.
   2.  Published material, as defined in section 68A.405, that contains synthetic media must prominently include the words “THIS CONTENT GENERATED USING SYNTHETIC MEDIA”. The person who is responsible for the published material has the sole responsibility and liability for inclusion of the disclosure required by this subsection.
   3.  The inclusion of the disclosure required by this section does not preclude a person from pursuing any other remedies under law for the publication of synthetic media.
   4.  The board shall adopt rules pursuant to chapter 17A to implement this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the use of synthetic media in campaign materials. The bill requires published material (newspaper, magazine, shopper, outdoor advertising facility, poster, direct mailing, brochure, internet site, campaign sign, or other form of printed or electronic general public political advertising, including television, video, or motion picture advertising) that contains synthetic media, defined in the bill, to include a disclosure. The inclusion of the disclosure required by the bill does not preclude a person from pursuing any other remedies under law for the publication of synthetic media.
   The bill requires the Iowa ethics and campaign disclosure board to adopt rules to implement the bill. By operation of law, a person who willfully violates a provision of the bill is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.