| Chapter 410 |
| 2025 -- S 0816 SUBSTITUTE A Enacted 07/02/2025 |
| A N A C T |
| RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION COMMUNICATIONS |
Introduced By: Senators DiPalma, Gallo, Tikoian, LaMountain, Felag, Patalano, Appollonio, Raptakis, McKenney, and Euer |
| Date Introduced: March 14, 2025 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by |
| adding thereto the following chapter: |
| CHAPTER 30 |
| DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION |
| COMMUNICATIONS |
| 17-30-1. Deceptive synthetic media. |
| (a) For purposes of this chapter, “candidate” means and includes an incumbent or current |
| office holder. |
| (b) For purposes of this chapter, “synthetic media” means an image, an audio recording, or |
| a video recording of an individual’s appearance, speech, or conduct that has been intentionally |
| manipulated with the use of generative adversarial network techniques or other digital technology |
| to create a realistic but false image, audio, or video that produces: |
| (1) A depiction that, to a reasonable individual, appears to be a real individual in terms of |
| appearance, action, or speech, but that did not occur in reality; and |
| (2) A fundamentally different understanding or impression of the appearance, action, or |
| speech than a reasonable person would have from the unaltered, original version of the image, audio |
| recording, or video recording. |
| (c) A candidate, authorized candidate campaign committee, political action committee, |
| political party committee, or person or entity making an independent expenditure as defined in § |
| 17-25-3 shall not, within ninety (90) days of any election at which a candidate for elective office |
| will appear on a ballot, distribute synthetic media that the candidate, authorized candidate campaign |
| committee, political action committee, political party committee, or person or entity making an |
| independent expenditure as defined in § 17-25-3 knows or should know is deceptive and fraudulent |
| synthetic media, as defined in subsection (b) of this section. |
| (d)(1) The prohibition in subsection (c) of this section does not apply if the image, audio |
| recording, or video recording includes a disclosure stating that the image has been manipulated or |
| generated by artificial intelligence. |
| (2) For visual media, the text of the disclosure shall appear in a size that is easily readable |
| by the average viewer, and no smaller than the largest font size of any other text appearing in the |
| visual media. If the visual media does not include any other text, the disclosure shall appear in a |
| size that is easily readable by the average viewer. For visual media that is a video, the disclosure |
| shall appear for the duration of the video. |
| (3) If the media consists of audio only, and no visual disclosure is feasible, the disclosure |
| shall be read in a clearly spoken manner, and in a speed and pitch that can be easily heard by the |
| average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater |
| than two (2) minutes in length, interspersed within the audio at intervals of not greater than two (2) |
| minutes. |
| 17-30-2. Right of action. |
| (a) A candidate whose appearance, actions, or speech are depicted through the use of |
| synthetic media in violation of § 17-30-1 may seek injunctive or other equitable relief from a |
| candidate, authorized candidate campaign committee, political action committee, political party |
| committee, or person or entity making an independent expenditure as defined in § 17-25-3 |
| prohibiting the distribution of audio or visual synthetic media in violation of this chapter. |
| (b) A candidate whose appearance, actions, or speech are depicted using synthetic media |
| may also bring an action for general or special damages against a candidate, authorized candidate |
| campaign committee, political action committee, political party committee, or person or entity |
| making an independent expenditure as defined in § 17-25-3 that generated the synthetic media. The |
| court may also award a prevailing party reasonable attorneys’ fees and costs. This subsection shall |
| not be construed to limit or preclude a plaintiff from recovering under any other available remedy. |
| (c) In any civil action alleging a violation of this chapter, the plaintiff shall bear the burden |
| of establishing the violation through clear and convincing evidence. |
| 17-30-3. Application. |
| (a) The provisions of this chapter shall not apply to the following: |
| (1) A radio or television broadcasting station, including a cable or satellite television |
| operator and their affiliates, programmer, or producer, or mobile application or streaming service |
| that exhibits, distributes, or broadcasts synthetic media as prohibited by this chapter provided that |
| they are not distributing synthetic media as a political action committee or entity making an |
| independent expenditure as defined in § 17-25-3; |
| (2) An Internetinternet website, or a regularly published newspaper, magazine, or other |
| periodical of general circulation, including an Internetinternet or electronic publication, that |
| routinely carries news and commentary of general interest, and that publishes synthetic media as |
| prohibited by this chapter, if the publication clearly states that the synthetic media does not |
| accurately represent the speech or conduct of the candidate; |
| (3) Synthetic media that constitutes satire or parody; or |
| (4) An interactive computer service as defined in 47 U.S.C. § 230. |
| (b) The provisions of this chapter shall not restrict the ability of a person to detect, prevent, |
| respond to, or protect against security incidents, identity theft, fraud, harassment, malicious or |
| deceptive activities, or any illegal activity, or preserve the integrity or security of systems or |
| investigate, report, or prosecute those responsible for any such action. |
| 17-30-4. Severability. |
| The provisions of this chapter are severable. If any provision of this chapter or its |
| application is held to be invalid, such holding shall not affect other provisions or applications that |
| can be given effect without the invalid provision. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002300/SUB A |
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