HB1141
To Create Criminal Offenses Related To Deceptive And Injurious Media In The Course Of Election Campaigns.
AI-Generated Summary
This bill proposes to amend Arkansas Code § 7-1-103(a) to create new criminal offenses related to deceptive and injurious media used in election campaigns. Specifically, it defines 'deep fake' as a communication deliberately manipulated by artificial intelligence to depict a real person performing an action that did not occur, with the intent to deceive and injure a candidate. The bill excludes cartoons, caricatures, satirical representations, superficial image alterations, and communications protected by constitutional free speech rights from this definition. It would be unlawful for a person to purposely injure a candidate by creating or distributing a deep fake within ninety days before a general election, knowing it to be a deep fake. A potential affirmative defense to prosecution is the inclusion of a clear label on the deep fake identifying it as such.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill, if enacted, would be candidates for public office in Arkansas, as it aims to protect them from malicious and deceptive "deep fake" media designed to injure their campaigns. The electorate could also indirectly benefit by receiving more accurate information during election periods, potentially leading to more informed voting decisions. Law enforcement and judicial bodies would have new tools to address specific types of election-related misinformation.
Who Might Suffer?
Individuals or groups that create and distribute manipulated media, particularly "deep fakes," with the intent to deceive or injure candidates during election campaigns would be negatively impacted, as they could face criminal prosecution. The bill's broad definition of "deep fake" and its application within a specific election timeframe could potentially chill legitimate political speech or satire, inadvertently impacting those who engage in commentary or parody that might be misconstrued. Furthermore, the burden of proving intent and the applicability of constitutional protections could lead to complex legal challenges for all parties involved.