HB1041
To Prohibit Deceptive And Fraudulent Deepfakes In Election Communications.
AI-Generated Summary
This bill, House Bill 1041, aims to prohibit the distribution of "deceptive and fraudulent deepfakes" in election communications in Arkansas. It defines a "deceptive and fraudulent deepfake" as synthetic media that inaccurately alters or artificially generates the speech, conduct, image, or likeness of a candidate or political party with the intent to deceive a voter or injure their reputation. Such media must appear to depict an individual doing or saying something that did not occur or provide a fundamentally different understanding of the individual's actions or likeness. The bill prohibits the distribution of these deepfakes within ninety days of an election, unless accompanied by a clear disclosure statement. Candidates depicted in such deepfakes may seek injunctive relief. The State Board of Election Commissioners can impose civil penalties, including fines, for violations. However, the bill includes exceptions for certain entities like interactive computer services, broadcasting stations acting as platforms, contracted media buyers, bona fide news programming, and publications routinely carrying news and commentary, provided certain disclosure requirements are met or federal law mandates airing. Satire or parody is also exempt.
Potential Impact Analysis
Who Might Benefit?
If this bill becomes law, potential beneficiaries include candidates and political parties who may be protected from the deceptive use of their likeness or speech in synthetic media during election periods. Voters could also benefit from clearer information and protection against manipulation that could influence their decision-making. Furthermore, entities that are subject to the disclosure requirements, such as those distributing paid advertisements using synthetic media, would have a clear guideline to follow, potentially reducing their risk of violation.
Who Might Suffer?
If this bill becomes law, entities that create and distribute synthetic media intended to deceive voters about candidates or political parties, particularly within the ninety-day election window, would be directly and negatively impacted. This includes individuals or organizations that might use deepfakes for campaign sabotage or to spread disinformation. Broadcasters and online platforms that distribute paid advertisements containing deepfakes without proper disclosure could also face penalties. Additionally, creators of satire or parody might need to carefully navigate the disclosure requirements to ensure their work is not misinterpreted as a violation of the law.