SF 2166 (LSB 6181XS (5) 91)

SENATE FILE 2166

BY  SALMON

A BILL FOR

An Act relating to the publication of electioneering communications containing synthetic media, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  68A.407  Synthetic media —— disclosure —— penalties.
   1.  For purposes of this section:
   a.  “Electioneering communication” means published material, as defined in section 68A.405, that refers to a clearly identified candidate or ballot issue and that is distributed within ninety days before the election at which the candidate or ballot issue appears on the ballot.
   b.  “Materially deceptive” means content that has been altered to falsely depict a candidate’s speech or conduct in a manner that would cause a reasonable person to have a fundamentally different understanding or impression than if reviewing the unaltered version and which was created with the intent to deceive voters or harm the candidate’s reputation or electoral prospects.
   c.  “Synthetic media” means an image, audio recording, text publication, or video recording that is materially deceptive and has been created or substantially altered using artificial intelligence, machine learning, or similar technology. “Synthetic media” does not include an image, audio recording, text publication, or video recording that has undergone only minor alterations for clarity or format that are not materially deceptive.
   2.  A person or committee shall not knowingly or recklessly sponsor, publish, or distribute an electioneering communication containing synthetic media unless the electioneering communication includes a clear and conspicuous disclosure stating “THIS CONTENT HAS BEEN MANIPULATED OR GENERATED BY ARTIFICIAL INTELLIGENCE AND DOES NOT DEPICT REAL EVENTS”.
   a.  A disclosure on a video electioneering communication must appear in text on screen in a readable font with high contrast, for at least four seconds at the beginning and end of the video, occupying at least four percent of the vertical height of the video.
   b.  A disclosure in an audio electioneering communication must be spoken clearly at the beginning and end of the electioneering communication at a volume and pace easily audible to the average listener.
   c.  A disclosure on an image or text-based electioneering communication published as digital media must appear in text with high contrast occupying at least four percent of the image area, or in a form that is equally as prominent as the text of the electioneering communication.
   d.  A disclosure on a space-limited format, including but not limited to a post on social media, must include the text “AI generated” and a link to the full disclosure required by this subsection.
   3.  This section does not apply to any of the following:
   a.  A communication by a broadcaster, cable operator, or news outlet as part of bona fide news reporting if the report includes a statement questioning the authenticity of the content.
   b.  Satirical, parodical, humorous, or editorial content that is not intended to deceive voters about a candidate or ballot issue.
   c.  A platform or service that hosts user-generated content if the platform or service provides tools for users to add disclosures to or label content generated by artificial intelligence.
   4.  Notwithstanding section 68A.701:
   a.  A person who knowingly or recklessly violates this section is subject to a civil penalty of up to one thousand dollars for a first offense and up to five thousand dollars for each subsequent offense, to be collected by the board and deposited in the general fund of the state.
   b.  A person who knowingly violates this section with the intent to defraud is guilty of a serious misdemeanor.
   c.  A person injured by a violation of this section may bring a civil action for injunctive relief and damages. The court shall award reasonable attorney fees to a prevailing party in a civil suit brought pursuant to this paragraph.
   5.  The board shall adopt rules to implement this section, which shall prioritize education and voluntary compliance. The board shall review rules adopted pursuant to this section on an annual basis to account for changes in artificial intelligence and related technologies. Notwithstanding section 17A.4, subsection 1, paragraph “b”, the board shall afford all interested persons not less than thirty days to submit data, views, or arguments in writing prior to the adoption of rules 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 publication of electioneering communications containing synthetic media. The bill requires an electioneering communication, defined in the bill as published material that refers to a clearly identified candidate or ballot issue and that is distributed within 90 days before the election at which the candidate or ballot issue appears on the ballot, that includes synthetic media, defined in the bill as an image, audio recording, text publication, or video recording that is materially deceptive and has been created or substantially altered using artificial intelligence, machine learning, or similar technology, to include a disclosure stating: “THIS CONTENT HAS BEEN MANIPULATED OR GENERATED BY ARTIFICIAL INTELLIGENCE AND DOES NOT DEPICT REAL EVENTS”. The bill includes specific forms that a disclosure must take based on the type of electioneering communication.
   The bill does not apply to a communication by a broadcaster, cable operator, or news outlet as part of bona fide news reporting if the report includes a statement questioning the authenticity of the content; satirical, parodical, humorous, or editorial content that is not intended to deceive voters; or platforms that host user-generated content if the platforms provide tools for users to add disclosures to or label content generated by artificial intelligence.
   A person who knowingly or recklessly violates a provision of the bill is subject to a civil penalty of up to $1,000 for a first offense and up to $5,000 for each subsequent offense, to be collected by the Iowa ethics and campaign disclosure board (board) and deposited in the general fund of the state. A person who knowingly violates a provision of the bill with the intent to defraud 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. In addition, the bill allows a person injured by a violation of the bill to bring a civil action for injunctive relief and damages, and requires the court to award the prevailing party reasonable attorney fees.
   The board shall adopt rules to implement the bill, which shall prioritize education and voluntary compliance. The bill requires the board to review rules adopted to implement the bill on an annual basis and to afford interested parties not less than 30 days, rather than 20 days, to submit data, views, or arguments in writing in advance of the adoption of rules.