2024 -- S 2456 | |
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LC003781 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN | |
ELECTION COMMUNICATIONS | |
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Introduced By: Senators DiPalma, Felag, Ujifusa, Tikoian, Burke, Rogers, Zurier, | |
Date Introduced: February 12, 2024 | |
Referred To: Senate Judiciary | |
(Secretary of State) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by |
2 | adding thereto the following chapter: |
3 | CHAPTER 30 |
4 | DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION |
5 | COMMUNICATIONS |
6 | 17-30-1. Deceptive synthetic media. |
7 | (a) For purposes of this section, “synthetic media” means an image, an audio recording, or |
8 | a video recording of an individual’s appearance, speech, or conduct that has been intentionally |
9 | manipulated with the use of generative adversarial network techniques or other digital technology |
10 | to create a realistic but false image, audio, or video that produces: |
11 | (1) A depiction that, to a reasonable individual, appears to be a real individual in terms of |
12 | appearance, action, or speech, but that did not occur in reality; and |
13 | (2) A fundamentally different understanding or impression of the appearance, action, or |
14 | speech than a reasonable person would have from the unaltered, original version of the image, audio |
15 | recording, or video recording. |
16 | (b) Except as provided in subsection (c) of this section, a person, corporation, political |
17 | action committee, or other entity shall not, within ninety (90) days of any election at which a |
18 | candidate for elective officer will appear on a ballot, distribute synthetic media that the person, |
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1 | corporation, political action committee or other entity knows or should know is deceptive and |
2 | fraudulent synthetic media, as defined in subsection (a) of this section. |
3 | (c)(1) The prohibition in subsection (b) of this section does not apply if the image, audio |
4 | recording or video recording includes a disclosure stating that the image has been manipulated or |
5 | generated by artificial intelligence. |
6 | (2) For visual media, the text of the disclosure shall appear in a size that is easily readable |
7 | by the average viewer, and no smaller than the largest font size of any other text appearing in the |
8 | visual media. If the visual media does not include any other text, the disclosure shall appear in a |
9 | size that is easily readable by the average viewer. For visual media that is a video, the disclosure |
10 | shall appear for the duration of the video. |
11 | (3) If the media consists of audio only, the disclosure shall be read in a clearly spoken |
12 | manner, and in a speed and pitch that can be easily heard by the average listener, at the beginning |
13 | of the audio, at the end of the audio, and, if the audio is greater than two (2) minutes in length, |
14 | interspersed within the audio at intervals of not greater than two (2) minutes. |
15 | 17-30-2. Right of action. |
16 | (a) A candidate whose appearance, actions, or speech are depicted through the use of |
17 | synthetic media in violation of § 17-30-1 may seek injunctive or other equitable relief prohibiting |
18 | the distribution of audio or visual synthetic media in violation of this chapter. |
19 | (b) A candidate whose appearance, actions, or speech are depicted using synthetic media |
20 | may also bring an action for general or special damages against the person, company, political |
21 | action committee or other entity that created the synthetic media. The court may also award a |
22 | prevailing party reasonable attorneys’ fees and costs. This subsection shall not be construed to limit |
23 | or preclude a plaintiff from recovering under any other available remedy. |
24 | (c) In any civil action alleging a violation of this chapter, the plaintiff shall bear the burden |
25 | of establishing the violation through clear and convincing evidence. |
26 | 17-30-3. Application. |
27 | The provisions contained within this chapter shall not apply to the following: |
28 | (1) A radio or television broadcasting station, including cable or satellite television |
29 | operator, programmer, or producer, that broadcasts synthetic media as prohibited by this chapter as |
30 | part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona |
31 | fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner |
32 | that can be easily heard or read by the average listener or viewer, that the authenticity of the |
33 | synthetic media is questionable; |
34 | (2) A radio or television broadcasting station, including a cable or satellite television |
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1 | operator, programmer, or producer, when it is paid to broadcast synthetic media and has made a |
2 | good faith effort to establish that the depiction is not synthetic media; |
3 | (3) An Internet website, or a regularly published newspaper, magazine, or other periodical |
4 | of general circulation, including an Internet or electronic publication, that routinely carries news |
5 | and commentary of general interest, and that publishes synthetic media as prohibited by this |
6 | chapter, if the publication clearly states that the synthetic media does not accurately represent the |
7 | speech or conduct of the candidate; or |
8 | (4) To synthetic media that constitutes satire or parody. |
9 | 17-30-4. Severability. |
10 | The provisions of this chapter are severable. If any provision of this chapter or its |
11 | application is held to be invalid, such holding shall not affect other provisions or applications that |
12 | can be given effect without the invalid provision. |
13 | 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 | |
*** | |
1 | This act would prohibit a person, corporation, or political action committee from using |
2 | synthetic media, within ninety (90) days of any election. This act would define synthetic media as |
3 | an image, an audio recording or a video recording of an individual's appearance, speech or conduct |
4 | that has been intentionally manipulated with the use of generative adversarial network techniques |
5 | or other digital technology to create a realistic but fake image. |
6 | This act would take effect upon passage. |
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