S.F. 2166 Section 1. NEW SECTION . 68A.407 Synthetic media —— 1 disclosure —— penalties. 2 1. For purposes of this section: 3 a. “Electioneering communication” means published material, 4 as defined in section 68A.405, that refers to a clearly 5 identified candidate or ballot issue and that is distributed 6 within ninety days before the election at which the candidate 7 or ballot issue appears on the ballot. 8 b. “Materially deceptive” means content that has been 9 altered to falsely depict a candidate’s speech or conduct 10 in a manner that would cause a reasonable person to have a 11 fundamentally different understanding or impression than if 12 reviewing the unaltered version and which was created with the 13 intent to deceive voters or harm the candidate’s reputation or 14 electoral prospects. 15 c. “Synthetic media” means an image, audio recording, text 16 publication, or video recording that is materially deceptive 17 and has been created or substantially altered using artificial 18 intelligence, machine learning, or similar technology. 19 “Synthetic media” does not include an image, audio recording, 20 text publication, or video recording that has undergone only 21 minor alterations for clarity or format that are not materially 22 deceptive. 23 2. A person or committee shall not knowingly or recklessly 24 sponsor, publish, or distribute an electioneering communication 25 containing synthetic media unless the electioneering 26 communication includes a clear and conspicuous disclosure 27 stating “THIS CONTENT HAS BEEN MANIPULATED OR GENERATED BY 28 ARTIFICIAL INTELLIGENCE AND DOES NOT DEPICT REAL EVENTS”. 29 a. A disclosure on a video electioneering communication 30 must appear in text on screen in a readable font with high 31 contrast, for at least four seconds at the beginning and end 32 of the video, occupying at least four percent of the vertical 33 height of the video. 34 b. A disclosure in an audio electioneering communication 35 -1- LSB 6181XS (5) 91 ss/ns 1/ 4

S.F. 2166 must be spoken clearly at the beginning and end of the 1 electioneering communication at a volume and pace easily 2 audible to the average listener. 3 c. A disclosure on an image or text-based electioneering 4 communication published as digital media must appear in text 5 with high contrast occupying at least four percent of the image 6 area, or in a form that is equally as prominent as the text of 7 the electioneering communication. 8 d. A disclosure on a space-limited format, including but not 9 limited to a post on social media, must include the text “AI 10 generated” and a link to the full disclosure required by this 11 subsection. 12 3. This section does not apply to any of the following: 13 a. A communication by a broadcaster, cable operator, or 14 news outlet as part of bona fide news reporting if the report 15 includes a statement questioning the authenticity of the 16 content. 17 b. Satirical, parodical, humorous, or editorial content that 18 is not intended to deceive voters about a candidate or ballot 19 issue. 20 c. A platform or service that hosts user-generated content 21 if the platform or service provides tools for users to add 22 disclosures to or label content generated by artificial 23 intelligence. 24 4. Notwithstanding section 68A.701: 25 a. A person who knowingly or recklessly violates this 26 section is subject to a civil penalty of up to one thousand 27 dollars for a first offense and up to five thousand dollars 28 for each subsequent offense, to be collected by the board and 29 deposited in the general fund of the state. 30 b. A person who knowingly violates this section with the 31 intent to defraud is guilty of a serious misdemeanor. 32 c. A person injured by a violation of this section may bring 33 a civil action for injunctive relief and damages. The court 34 shall award reasonable attorney fees to a prevailing party in a 35 -2- LSB 6181XS (5) 91 ss/ns 2/ 4

S.F. 2166 civil suit brought pursuant to this paragraph. 1 5. The board shall adopt rules to implement this section, 2 which shall prioritize education and voluntary compliance. 3 The board shall review rules adopted pursuant to this section 4 on an annual basis to account for changes in artificial 5 intelligence and related technologies. Notwithstanding section 6 17A.4, subsection 1, paragraph “b” , the board shall afford all 7 interested persons not less than thirty days to submit data, 8 views, or arguments in writing prior to the adoption of rules 9 to implement this section. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to the publication of electioneering 14 communications containing synthetic media. The bill requires 15 an electioneering communication, defined in the bill as 16 published material that refers to a clearly identified 17 candidate or ballot issue and that is distributed within 90 18 days before the election at which the candidate or ballot issue 19 appears on the ballot, that includes synthetic media, defined 20 in the bill as an image, audio recording, text publication, 21 or video recording that is materially deceptive and has been 22 created or substantially altered using artificial intelligence, 23 machine learning, or similar technology, to include a 24 disclosure stating: “THIS CONTENT HAS BEEN MANIPULATED OR 25 GENERATED BY ARTIFICIAL INTELLIGENCE AND DOES NOT DEPICT REAL 26 EVENTS”. The bill includes specific forms that a disclosure 27 must take based on the type of electioneering communication. 28 The bill does not apply to a communication by a broadcaster, 29 cable operator, or news outlet as part of bona fide news 30 reporting if the report includes a statement questioning the 31 authenticity of the content; satirical, parodical, humorous, 32 or editorial content that is not intended to deceive voters; 33 or platforms that host user-generated content if the platforms 34 provide tools for users to add disclosures to or label content 35 -3- LSB 6181XS (5) 91 ss/ns 3/ 4

S.F. 2166 generated by artificial intelligence. 1 A person who knowingly or recklessly violates a provision 2 of the bill is subject to a civil penalty of up to $1,000 for 3 a first offense and up to $5,000 for each subsequent offense, 4 to be collected by the Iowa ethics and campaign disclosure 5 board (board) and deposited in the general fund of the state. 6 A person who knowingly violates a provision of the bill with 7 the intent to defraud is guilty of a serious misdemeanor. A 8 serious misdemeanor is punishable by confinement for no more 9 than one year and a fine of at least $430 but not more than 10 $2,560. In addition, the bill allows a person injured by a 11 violation of the bill to bring a civil action for injunctive 12 relief and damages, and requires the court to award the 13 prevailing party reasonable attorney fees. 14 The board shall adopt rules to implement the bill, which 15 shall prioritize education and voluntary compliance. The bill 16 requires the board to review rules adopted to implement the 17 bill on an annual basis and to afford interested parties not 18 less than 30 days, rather than 20 days, to submit data, views, 19 or arguments in writing in advance of the adoption of rules. 20 -4- LSB 6181XS (5) 91 ss/ns 4/ 4