Deepfake bill draws fire from broadcasters, free speech advocates

"HB 5342, which received a public hearing in the Committee on Government Administration and Elections on March 4, defines deceptively synthetic media as 'any image, audio or video of an individual, and any representation of such individual's speech or conduct that is substantially derived from any such image, audio or video, which a reasonable person would believed depicts the speech or conduct of such individual when such individual did not in fact engage in speech or conduct.'"

"The bill, which prevents anyone from knowingly distributing deepfakes 90 days prior to an election or primary, does contain exceptions to that requirement if deepfake videos or images are distributed by news media and contain a disclaimer that the media was generated by AI. But that language has not been enough to eradicate concerns the bill infringes on Constitutionally protected free speech and will potentially make broadcasters liable for the content of advertising broadcasters may rely on for income."

"It prohibits the distribution of deceptively synthetic media, or deepfakes, within 90 days of an election or primary if it's distributed knowingly, without consent, or if the intent is to injure a candidate or influence an election outcome. It also specifies that people can distribute deepfakes within 90 days of an election if they include a disclaimer and a link to the original media."

HB 5342 prohibits knowingly distributing deceptively edited synthetic media (deepfakes) within 90 days of elections or primaries, particularly when intended to injure candidates or influence outcomes. The bill defines deceptively synthetic media as AI-generated representations that reasonable people would believe depict actual speech or conduct. Exemptions exist for news media that include disclaimers and links to original content, and for breaking news with delayed disclaimers. However, critics argue the legislation infringes on First Amendment protections and may expose broadcasters to liability for advertising content they depend on financially. The bill also requires individuals purchasing political advertisements to attest to their accuracy.

Read at Inside Investigator