HB 1041 by Representative A. Collins
Summary:
This bill aims to prohibit the distribution of deceptive and fraudulent deepfakes in election communications in Arkansas. It defines deepfakes, outlines penalties for violations, and provides exceptions for certain uses.
Key Provisions:
- Definitions:
- Deceptive and fraudulent deepfake: Synthetic media that falsely alters or generates the speech, conduct, image, or likeness of a candidate or political party with the intent to harm their reputation or deceive voters. It must appear to a reasonable person to be real or significantly alter the impression of the candidate or party.
- Synthetic media: An image, audio recording, or video recording that has been created or manipulated using technology like AI to create a realistic but false depiction.
- Prohibition:
- Prohibits distributing deceptive and fraudulent deepfakes of candidates or parties within 90 days of an election.
- Disclosure Exception:
- Allows distribution of deepfakes if they include a clear disclosure stating that the content has been manipulated or artificially generated.
- Specifies requirements for the size, readability, and duration of the disclosure in visual and audio media.
- Remedies and Penalties:
- Candidates can seek injunctive relief to prevent the publication of deepfakes.
- The State Board of Election Commissioners can impose civil penalties:
- Up to $10,000 for repeat offenders.
- Up to $5,000 for violations intended to cause violence or harm.
- Up to $1,000 for other violations.
- Exceptions:
- The prohibition does not apply to:
- News media: Bona fide newscasts, interviews, documentaries, or on-the-spot news coverage, as long as they acknowledge the deepfake's authenticity cannot be confirmed or if required by federal law.
- Publications: Internet websites or periodicals that routinely carry news and commentary, if they state the deepfake's authenticity cannot be confirmed.
- Satire or parody: Deepfakes that are clearly intended as satire or parody are allowed.
