Arkansas 2025 Regular Session

Arkansas House Bill HB1041 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	LJH017 11/20/2024 1:09:32 PM LJH017
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1041 3
6	6	4
7	7	By: Representative A. Collins 5
8	8	6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO PROHIBIT DECEPTIVE AND FRAUDULENT DEEPFAKES 9
12	12	IN ELECTION COMMUNICATIONS; TO PROVIDE FOR A CAUSE OF 10
13	13	ACTION AND CIVIL PENALTIES FOR THE USE OF DECEPTIVE 11
14	14	AND FRAUDULENT DEEPFAKES; AND FOR OTHER PURPOSES. 12
15	15	13
16	16	14
17	17	Subtitle 15
18	18	TO PROHIBIT DECEPTIVE AND FRAUDULENT 16
19	19	DEEPFAKES IN ELECTION COMMUNICATIONS. 17
20	20	18
21	21	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
22	22	20
23	23	SECTION 1. Arkansas Code Title 7, Chapter 6, Subchapter 1, is amended 21
24	24	to add an additional section to read as follows: 22
25	25	7-6-106. Deceptive and fraudulent deepfakes — Definitions — Penalty — 23
26	26	Exceptions. 24
27	27	(a) As used in this section: 25
28	28	(1) "Deceptive and fraudulent deepfake" means synthetic media 26
29	29	that: 27
30	30	(A) Inaccurately alters or artificially generates the 28
31	31	speech, conduct, image, or likeness of a candidate or political party with 29
32	32	the intent to injure the reputation of the candidate or political party or 30
33	33	otherwise deceive a voter; and 31
34	34	(B)(i) Appears to a reasonable person to depict an 32
35	35	individual saying or doing something that did not actually occur in reality; 33
36	36	or 34
37	37	(ii) Provides a reasonable person a fundamentally 35
38	38	different understanding or impression of the speech, conduct, image, or 36 HB1041
39	39
40	40	2 11/20/2024 1:09:32 PM
41	41	likeness of a candidate or a political party than a reasonable person would 1
42	42	have from an unaltered, original version of the image, audio recording, or 2
43	43	video recording; 3
44	44	(2) "Individual" means a natural person; 4
45	45	(3) "Person" means: 5
46	46	(A) An individual; 6
47	47	(B) A partnership, corporation, company, association, or 7
48	48	any other business entity; 8
49	49	(C) A not-for-profit corporation or association; 9
50	50	(D) An educational or religious institution; 10
51	51	(E) A political party; or 11
52	52	(F) A community, civic, or other organization; 12
53	53	(4) "Radio or television broadcasting station" includes without 13
54	54	limitation a cable or satellite radio or television operator, programmer, or 14
55	55	producer; and 15
56	56	(5) "Synthetic media" means an image, audio recording, or a 16
57	57	video recording of an individual's appearance, speech, or conduct that has 17
58	58	been created or intentionally manipulated with the use of generative 18
59	59	adversarial network techniques or other digital technology, including without 19
60	60	limitation artificial intelligence, in a manner to create a realistic but 20
61	61	false image, audio, or video. 21
62	62	(b)(1) Except as provided in subdivision (b)(2) of this section, a 22
63	63	person shall not, within ninety (90) days of an election in which a candidate 23
64	64	for an elected office will appear on the ballot, distribute synthetic media 24
65	65	that the person knows or should know is a deceptive and fraudulent deepfake 25
66	66	of a candidate or party on the state or local ballot. 26
67	67	(2)(A) A person may, within ninety (90) days of an election in 27
68	68	which a candidate for an elected office will appear on the ballot, distribute 28
69	69	synthetic media that the person knows or should know is a deceptive and 29
70	70	fraudulent deepfake of a candidate or party on the state or local ballot if 30
71	71	the synthetic media includes a disclosure, including without limitation the 31
72	72	following statement: "This content has been manipulated or artificially 32
73	73	generated." 33
74	74	(B)(i) If the synthetic media is visual, the text of the 34
75	75	disclosure in subdivision (b)(2)(A) of this section shall appear in a size 35
76	76	that is: 36 HB1041
77	77
78	78	3 11/20/2024 1:09:32 PM
79	79	(a) Easily readable by the average viewer; and 1
80	80	(b) No smaller than the largest font size of 2
81	81	other text appearing in the visual media. 3
82	82	(ii) If the synthetic media is visual and in a video 4
83	83	or other format in which the synthetic media image changes, the disclosure 5
84	84	shall appear for the duration of the video or image clip. 6
85	85	(C) If the synthetic media consists of audio only, the 7
86	86	disclosure shall be: 8
87	87	(i) Read in a clearly spoken manner; and 9
88	88	(ii) In a pitch that can be easily heard by the 10
89	89	average listener at the: 11
90	90	(a) Beginning of the audio; 12
91	91	(b) End of the audio; and 13
92	92	(c) If the audio is more than two (2) minutes 14
93	93	in length, interspersed within the audio at intervals of no fewer than two 15
94	94	(2) minutes each. 16
95	95	(c)(1) A candidate or previous candidate whose appearance, action, or 17
96	96	speech is depicted through the use of a deceptive and fraudulent deepfake in 18
97	97	violation of subsection (b) of this section may seek injunctive or other 19
98	98	equitable relief prohibiting the publication of the deceptive and fraudulent 20
99	99	deepfake within two (2) years of the election date in the election in which 21
100	100	the deceptive and fraudulent deepfake was first used. 22
101	101	(2) The State Board of Election Commissioners may find an 23
102	102	individual liable for violating subsection (b) of this section and impose a 24
103	103	civil penalty of: 25
104	104	(A) The payment of a fine of not more than ten thousand 26
105	105	dollars ($10,000), if the person committed the offense within five (5) years 27
106	106	of one (1) or more previous convictions under this section; 28
107	107	(B) The payment of a fine of not more than five thousand 29
108	108	dollars ($5,000), if the person commits the violation with the intent to 30
109	109	cause violence or bodily harm to any person; or 31
110	110	(C) In any other case, to payment of a fine of not more 32
111	111	than one thousand dollars ($1,000). 33
112	112	(d) This section does not apply to: 34
113	113	(1) A radio or television broadcasting station that broadcasts a 35
114	114	deceptive and fraudulent deepfake prohibited under subsection (b) of this 36 HB1041
115	115
116	116	4 11/20/2024 1:09:32 PM
117	117	section as part of a bona fide newscast, news interview, news documentary, or 1
118	118	on-the-spot coverage of bona fide news events if: 2
119	119	(A) The broadcast clearly acknowledges in a manner that 3
120	120	can be easily heard or read by the average listener or viewer, through 4
121	121	content or disclosure, that the authenticity of the deceptive and fraudulent 5
122	122	deepfake cannot be confirmed; or 6
123	123	(B) Federal law requires a broadcaster to air an 7
124	124	advertisement from a legally qualified candidate that includes the deceptive 8
125	125	and fraudulent deepfake; 9
126	126	(2) An internet website or regularly published newspaper, 10
127	127	magazine, or other periodical of general circulation, including an internet 11
128	128	or electronic publication, that: 12
129	129	(A) Routinely carries news and commentary of general 13
130	130	interest; and 14
131	131	(B) Publishes a deceptive and fraudulent deepfake in 15
132	132	violation of subsection (b) of this section, if the publicaiton clearly 16
133	133	states that the authenticity of the deceptive and fraudulent deepfake cannot 17
134	134	be confirmed; and 18
135	135	(3) Synthetic media that constitutes satire or parody. 19
136	136	20
137	137	21
138	138	22
139	139	23
140	140	24
141	141	25
142	142	26
143	143	27
144	144	28
145	145	29
146	146	30
147	147	31
148	148	32
149	149	33
150	150	34
151	151	35
152	152	36