HB 172 (2024), Act 2024-349: Distribution of materially deceptive media to influence an upcoming election
In effectRequired disclaimer, word for word
“This media has been manipulated by technical means and depicts speech or conduct that did not occur.”
- Citation
- Ala. Code 17-5-16.1
- Enacted
- May 16, 2024
- Effective
- October 1, 2024
- When it applies
- within 90 days before an election
- Media covered
- any image, audio, or video produced by artificial intelligence that falsely depicts an individual engaging in speech or conduct they did not engage in, such that a reasonable viewer or listener would believe it was real
- Who it covers
- any person who distributes or enters into an agreement to distribute the media
- Rule
- ban unless disclosed
- Intent required
- The person knows the media falsely represents the depicted individual, intends the distribution to harm the reputation or electoral prospects of a candidate and the distribution is reasonably likely to do so, and intends to deceive voters and change their votes and the distribution is reasonably likely to do so.
- Disclaimer format
- The creator, sponsor or purchaser must include a disclaimer in any presentation informing the viewer both that the media has been manipulated by technical means and depicts speech or conduct that did not occur; the quoted wording is declared "sufficient, but not necessary." Video: appears throughout the entire video, clearly visible and readable by the average viewer, in an easily readable size, in the same language as the video. Audio only: read at the beginning and end in a clearly spoken manner, at a pitch easily heard by the average listener, in the same language. Image: clearly visible and readable, in the same language. If the media was made by editing an existing image, audio or video, it must also include a citation directing the audience to the original source of the unedited version. Distributors may not intentionally remove a disclaimer.
- Exemptions
- media carrying the compliant disclaimer (and source citation for edited media)
- websites, interactive computer services, broadcasters, cable and satellite operators, newspapers, magazines and streaming services that lack actual knowledge the material is prohibited and lack intent to harm or influence the election
- bona fide newscasts, news interviews, documentaries and on-the-spot coverage that clearly acknowledge questions about authenticity
- satire or parody substantially dependent on a person's ability to impersonate a candidate physically or verbally rather than on technology or AI
- Criminal penalty
- First violation: Class A misdemeanor (up to 1 year jail). Second violation within five years: Class D felony.
- Who can sue
- The Attorney General, the depicted individual, a candidate who is or is likely to be injured, or an entity representing the interests of voters likely to be deceived may seek permanent injunctive relief. The plaintiff must prove by clear and convincing evidence that the defendant knew the media was false. Frivolous complaints can be dismissed with fees to the defendant; a winning plaintiff other than the AG may recover costs and attorney fees.
- Injunction available
- Yes
- Court challenges
- No court challenge found. In October 2024 Attorney General Steve Marshall told the Hamilton Lincoln Law Institute (representing parody creator Christopher Kohls) that the law does not reach parody a reasonable viewer would not believe is real.
- Notes
- Codified in the Fair Campaign Practices Act chapter. Enrolled and delivered to the governor May 9, 2024; enacted May 16, 2024 per LegiScan; effective October 1, 2024 (Section 5 of the act).