Arizona SB 1359 (Deepfakes in Election Communications)

Proposed 2024-01-30 | Enacted 2024-05-29 | Official source

Summary

Prohibits creating and distributing deceptive deepfakes of election candidates without clear AI-generated content disclosure within 90 days before elections. Exempts satire, parody, and interactive computer services. Imposes civil penalties for non-disclosure violations. Defines key terms including "creator" and "synthetic media."

This summary is awaiting validation (peer review by a second AGORA editor).

Key facts

🏛️ This document has been enacted by the State of Arizona. For authoritative text and metadata, visit the official source.

🎯 This document primarily applies to the private sector, rather than the government.

📜 This document's name is Arizona 2024 Senate Bill 1359. AGORA also tracks this document under the name Arizona SB 1359 (Deepfakes in Election Communications).

Themes AI risks, applications, governance strategies, and other themes addressed in AGORA documents.

Thematic tags for this document are awaiting validation (peer review by a second AGORA editor).

Harms (2)

Governance strategies (6)

Incentives for compliance (1)

Civil liability

Full text

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An Act AMENDING TITLE 16, CHAPTER 7, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 16-1023; RELATING TO ELECTION COMMUNICATIONS. Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 16, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 16-1023, to read: 16-1023. Deepfakes; candidates; political parties; exemptions; violation; classification; definitions A. Within ninety days before an election at which a candidate for elected office will appear on the ballot, a person who acts as a creator shall not create and distribute a synthetic media message that the person knows is a deceptive and fraudulent deepfake of that candidate that is on that ballot unless the synthetic media message includes a clear and conspicuous disclosure that conveys to a reasonable person that the media includes content generated by artificial intelligence. B. This section does not apply to: 1. Media that constitutes satire or parody. 2. An interactive computer service as defined in 47 United States Code section 230. C. A person who fails to make the disclosure required under this section is liable for the civil penalty prescribed by section 16-937, subsection B, for each day that they distribute the deceptive and fraudulent deepfake without such disclosure. D. For the purposes of this section: 1. "Creator": (a) means any person that uses artificial intelligence or other digital technology to generate synthetic media. (b) does not include the provider of any technology used in the creation of synthetic media. 2. "Deceptive and fraudulent deepfake" means synthetic media that depicts a candidate with knowledge of its falsity and the intent to injure the reputation of the candidate and that is intentionally calculated to mislead a reasonable person into concluding that a real individual said or did something that they did not say or do in reality. 3. "Synthetic media" means an image, audio recording or video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology in a manner to create a realistic but false image, audio or video.

AI-focused summary

Prohibits the creation and distribution of AI-generated deceptive deepfakes of political candidates unless the media clearly discloses that it contains AI-generated content; exempts satire, parody, and interactive computer services; imposes civil penalties for each day a deceptive deepfake is distributed without the required disclosure; defines “synthetic media” and “deceptive and fraudulent deepfake.”

Sec. 2. Severability If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.