ESSB 5152 (2023), Laws of 2023 ch. 360: Electioneering communications: use of synthetic media
In effectRequired disclaimer, word for word
“This (image/video/audio) has been manipulated”
- Citation
- RCW 29B.35.010 to 29B.35.030 (formerly RCW 42.62.020 to 42.62.040; recodified by Laws of 2024 ch. 164 effective Jan. 1, 2026)
- Enacted
- May 9, 2023
- Effective
- July 23, 2023
- When it applies
- Electioneering communications only: broadcast, cable, satellite, radio, digital communication, mail, billboard, newspaper, or periodical ads that clearly identify a state, local, or judicial candidate, are distributed within 60 days before that candidate's election, and cost $1,000 or more (RCW 29B.10.220)
- Media covered
- Images, audio recordings, and video recordings of an individual's appearance, speech, or conduct intentionally manipulated with generative adversarial network techniques or other digital technology to create a realistic but false depiction that a reasonable person would believe is real and that gives a fundamentally different impression than the unaltered original
- Who it covers
- Sponsors of electioneering communications. The medium is not liable unless it removes the disclosure or itself alters the content into synthetic media; federally licensed broadcasters airing ads subject to 47 U.S.C. 315 are not liable.
- Rule
- ban unless disclosed
- Intent required
- None stated for the sponsor; the media itself must be intentionally manipulated. Plaintiff must prove synthetic media by clear and convincing evidence.
- Disclaimer format
- Visual media: text easily readable by the average viewer and no smaller than the largest font size of other text in the media (or easily readable if there is no other text); for video, shown for the full duration. Audio only: read in a clearly spoken manner and a pitch easily heard by the average listener, at the beginning and end, and every two minutes or less if longer than two minutes.
- Exemptions
- the disseminating medium (unless it removes the disclosure or creates the synthetic media)
- broadcast licensees transmitting communications subject to 47 U.S.C. 315
- interactive computer services for third-party content
- communications outside the electioneering communication definition (for example, ads reported as a candidate's own committee expenditure are excluded from that definition by RCW 29B.10.220)
- Civil penalty
- General or special damages against the sponsor, plus reasonable attorney fees and costs to the prevailing party. The statute says it is not a violation of the campaign finance chapter and does not authorize PDC enforcement.
- Who can sue
- The depicted candidate may sue the sponsor for injunctive or other equitable relief and for general or special damages.
- Injunction available
- Yes
- Notes
- Courts are encouraged to decide these cases expediently. The statute quotes the disclosure as "This (image/video/audio) has been manipulated," with the comma belonging to the sentence, so no ending punctuation is prescribed; use the word that matches the medium. Including it is an affirmative defense to the candidate's suit. The disclosure is in addition to, and cannot replace, normal sponsor identification (WAC 390-18-035). Because the law is tied to the narrow "electioneering communication" definition (60 days, $1,000, state, local, or judicial candidates), many candidate committee ads and all federal races fall outside it. Recodified from RCW 42.62 to RCW 29B.35 by Laws of 2024 ch. 164, effective Jan. 1, 2026; RCW 29B.35.020 still cross-references the old RCW 42.62.020.