HB 1133 (2024), House Enrolled Act 1133, P.L. 81-2024: Use of Digitally Altered Media in Elections
In effectRequired disclaimer, word for word
“Elements of this media have been digitally altered or artificially generated.”
- Citation
- Ind. Code 3-9-8-1 to 3-9-8-6 (disclaimer at 3-9-8-5)
- Enacted
- March 12, 2024
- Effective
- March 12, 2024
- When it applies
- anytime
- Media covered
- recorded audio, recorded images, and recorded video that are altered or artificially generated (fabricated media), including AI-generated persons who are not recognizable real people
- Who it covers
- the person that paid for the campaign communication must include the disclaimer; liability also reaches the sponsor and any disseminator who knowingly, intentionally, or recklessly altered or removed the disclaimer
- Rule
- disclosure required
- Intent required
- None for the payer (strict disclosure duty). Disseminators are liable only if they knowingly, intentionally, or recklessly removed or altered a disclaimer that was included.
- Disclaimer format
- Separate from the regular paid-for-by disclaimer. Print: must meet the print disclaimer rules of IC 3-9-3-2.5(e). Audio: read in every language used in the communication, at an understandable speed and pitch, at a volume no lower than the loudest audio in the ad, at the beginning and end, and every two minutes if longer than two minutes. Video: printed per IC 3-9-3-2.5(e) and displayed continuously for the entire communication.
- Civil penalty
- Actual damages, court costs, and reasonable attorney fees for the depicted candidate
- Who can sue
- Yes. A candidate (including any current elected federal, state, school board, or local officeholder) depicted in fabricated media without the disclaimer may sue the payer, the sponsor, and a disseminator who knowingly, intentionally, or recklessly removed the disclaimer. Plaintiff must prove by clear and convincing evidence that they were depicted in fabricated media. Courts must expedite the case.
- Injunction available
- Yes
- Court challenges
- No court challenge found. In 2024, Democratic gubernatorial nominee Jennifer McCormick accused Mike Braun's campaign of running a digitally altered image without the disclaimer, but no lawsuit under IC 3-9-8 was found.
- Notes
- Applies to communications about candidates only, not ballot measures. The statute has no express exemptions for news media, satire, or parody. Effective upon passage under an emergency clause. Disclaimer text and specs confirmed against the enrolled act (HEA 1133, enrolled Senate version). "Campaign communication" also covers any communication whose purpose is to injure a candidate or influence an election, and any solicitation of contributions.