2024 -- S 2456

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN

ELECTION COMMUNICATIONS

     

     Introduced By: Senators DiPalma, Felag, Ujifusa, Tikoian, Burke, Rogers, Zurier,
Bissaillon, Gu, and Britto

     Date Introduced: February 12, 2024

     Referred To: Senate Judiciary

     (Secretary of State)

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by

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adding thereto the following chapter:

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CHAPTER 30

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DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION

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COMMUNICATIONS

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     17-30-1. Deceptive synthetic media.

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     (a) For purposes of this section, “synthetic media” means an image, an audio recording, or

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a video recording of an individual’s appearance, speech, or conduct that has been intentionally

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manipulated with the use of generative adversarial network techniques or other digital technology

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to create a realistic but false image, audio, or video that produces:

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     (1) A depiction that, to a reasonable individual, appears to be a real individual in terms of

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appearance, action, or speech, but that did not occur in reality; and

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     (2) A fundamentally different understanding or impression of the appearance, action, or

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speech than a reasonable person would have from the unaltered, original version of the image, audio

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recording, or video recording.

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     (b) Except as provided in subsection (c) of this section, a person, corporation, political

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action committee, or other entity shall not, within ninety (90) days of any election at which a

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candidate for elective officer will appear on a ballot, distribute synthetic media that the person,

 

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corporation, political action committee or other entity knows or should know is deceptive and

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fraudulent synthetic media, as defined in subsection (a) of this section.

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     (c)(1) The prohibition in subsection (b) of this section does not apply if the image, audio

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recording or video recording includes a disclosure stating that the image has been manipulated or

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generated by artificial intelligence.

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     (2) For visual media, the text of the disclosure shall appear in a size that is easily readable

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by the average viewer, and no smaller than the largest font size of any other text appearing in the

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visual media. If the visual media does not include any other text, the disclosure shall appear in a

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size that is easily readable by the average viewer. For visual media that is a video, the disclosure

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shall appear for the duration of the video.

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     (3) If the media consists of audio only, the disclosure shall be read in a clearly spoken

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manner, and in a speed and pitch that can be easily heard by the average listener, at the beginning

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of the audio, at the end of the audio, and, if the audio is greater than two (2) minutes in length,

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interspersed within the audio at intervals of not greater than two (2) minutes.

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     17-30-2. Right of action.

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     (a) A candidate whose appearance, actions, or speech are depicted through the use of

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synthetic media in violation of § 17-30-1 may seek injunctive or other equitable relief prohibiting

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the distribution of audio or visual synthetic media in violation of this chapter.

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     (b) A candidate whose appearance, actions, or speech are depicted using synthetic media

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may also bring an action for general or special damages against the person, company, political

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action committee or other entity that created the synthetic media. The court may also award a

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prevailing party reasonable attorneys’ fees and costs. This subsection shall not be construed to limit

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or preclude a plaintiff from recovering under any other available remedy.

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     (c) In any civil action alleging a violation of this chapter, the plaintiff shall bear the burden

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of establishing the violation through clear and convincing evidence.

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     17-30-3. Application.

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     The provisions contained within this chapter shall not apply to the following:

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     (1) A radio or television broadcasting station, including cable or satellite television

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operator, programmer, or producer, that broadcasts synthetic media as prohibited by this chapter as

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part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona

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fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner

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that can be easily heard or read by the average listener or viewer, that the authenticity of the

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synthetic media is questionable;

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     (2) A radio or television broadcasting station, including a cable or satellite television

 

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operator, programmer, or producer, when it is paid to broadcast synthetic media and has made a

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good faith effort to establish that the depiction is not synthetic media;

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     (3) An Internet website, or a regularly published newspaper, magazine, or other periodical

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of general circulation, including an Internet or electronic publication, that routinely carries news

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and commentary of general interest, and that publishes synthetic media as prohibited by this

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chapter, if the publication clearly states that the synthetic media does not accurately represent the

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speech or conduct of the candidate; or

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     (4) To synthetic media that constitutes satire or parody.

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     17-30-4. Severability.

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     The provisions of this chapter are severable. If any provision of this chapter or its

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application is held to be invalid, such holding shall not affect other provisions or applications that

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can be given effect without the invalid provision.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN

ELECTION COMMUNICATIONS

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     This act would prohibit a person, corporation, or political action committee from using

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synthetic media, within ninety (90) days of any election. This act would define synthetic media as

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an image, an audio recording or a video recording of an individual's appearance, speech or conduct

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that has been intentionally manipulated with the use of generative adversarial network techniques

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or other digital technology to create a realistic but fake image.

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     This act would take effect upon passage.

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