1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
---|
2 | 2 | | *LJH014* 01/15/2025 7:36:24 AM LJH014 |
---|
3 | 3 | | State of Arkansas 1 |
---|
4 | 4 | | 95th General Assembly A Bill 2 |
---|
5 | 5 | | Regular Session, 2025 HOUSE BILL 1141 3 |
---|
6 | 6 | | 4 |
---|
7 | 7 | | By: Representative R. Scott Richardson 5 |
---|
8 | 8 | | By: Senator J. Bryant 6 |
---|
9 | 9 | | 7 |
---|
10 | 10 | | For An Act To Be Entitled 8 |
---|
11 | 11 | | AN ACT TO CREATE CRIMINAL OFFENSES RELATED TO 9 |
---|
12 | 12 | | DECEPTIVE AND INJURIOUS MEDIA IN THE COURSE OF 10 |
---|
13 | 13 | | ELECTION CAMPAIGNS; AND FOR OTHER PURPOSES. 11 |
---|
14 | 14 | | 12 |
---|
15 | 15 | | 13 |
---|
16 | 16 | | Subtitle 14 |
---|
17 | 17 | | TO CREATE CRIMINAL OFFENSES RELATED TO 15 |
---|
18 | 18 | | DECEPTIVE AND INJURIOUS MEDIA IN THE 16 |
---|
19 | 19 | | COURSE OF ELECTION CAMPAIGNS. 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 ยง 7 -1-103(a), concerning misdemeanors under 21 |
---|
24 | 24 | | the laws governing elections in the State of Arkansas, is amended to add 22 |
---|
25 | 25 | | additional subdivisions to read as follows: 23 |
---|
26 | 26 | | (25) It shall be unlawful for a person to purposefully deceive 24 |
---|
27 | 27 | | the audience and injure a candidate or influence the results of an election 25 |
---|
28 | 28 | | by entering into a contract or other agreement to print, publish, or 26 |
---|
29 | 29 | | broadcast political advertising that purports to emanate from a source other 27 |
---|
30 | 30 | | than its true source; 28 |
---|
31 | 31 | | (26) It shall be unlawful for a person to purposefully deceive 29 |
---|
32 | 32 | | the audience and injure a candidate or influence the results of an election 30 |
---|
33 | 33 | | by representing in a campaign communication that the communication emanates 31 |
---|
34 | 34 | | from a source other than its true source; 32 |
---|
35 | 35 | | (27)(A) It shall be unlawful for a person to purposefully injure 33 |
---|
36 | 36 | | a candidate or influence the result of an election by: 34 |
---|
37 | 37 | | (i) Creating or causing to be created a deep fake 35 |
---|
38 | 38 | | video; and 36 HB1141 |
---|
39 | 39 | | |
---|
40 | 40 | | 2 01/15/2025 7:36:24 AM LJH014 |
---|
41 | 41 | | (ii) Publishing, distributing, or causing to be 1 |
---|
42 | 42 | | published or distributed the deep fake video during the period beginning 2 |
---|
43 | 43 | | ninety (90) days before the date of the election and ending on the date of 3 |
---|
44 | 44 | | the election. 4 |
---|
45 | 45 | | (B) As used in this subdivision (a)(27), "deep fake video" 5 |
---|
46 | 46 | | means a video that appears to depict a real person performing an action that 6 |
---|
47 | 47 | | did not occur in reality; and 7 |
---|
48 | 48 | | (28)(A) It shall be unlawful for a person to purposefully 8 |
---|
49 | 49 | | deceive the audience and influence the results of an election by: 9 |
---|
50 | 50 | | (i) Creating or causing to be created an altered 10 |
---|
51 | 51 | | image; or 11 |
---|
52 | 52 | | (ii) Publishing, distributing, or causing to be 12 |
---|
53 | 53 | | published or distributed an altered image during the period beginning ninety 13 |
---|
54 | 54 | | (90) days before the date of the election and ending on the date of the 14 |
---|
55 | 55 | | election. 15 |
---|
56 | 56 | | (B) It is an affirmative defense to prosecution for an 16 |
---|
57 | 57 | | offense under this subdivision (a)(28) that the person included a clear label 17 |
---|
58 | 58 | | on the image stating that the image has been altered. 18 |
---|
59 | 59 | | (C)(i) As used in this subdivision (a)(28), "altered 19 |
---|
60 | 60 | | image" means an image that has been manipulated to change the physical 20 |
---|
61 | 61 | | appearance of an individual or depict an individual performing an action that 21 |
---|
62 | 62 | | did not occur in reality. 22 |
---|
63 | 63 | | (ii) As used in this subdivision (a)(28), "altered 23 |
---|
64 | 64 | | image" does not include: 24 |
---|
65 | 65 | | (a) A cartoon, caricature, or any other image 25 |
---|
66 | 66 | | that a reasonable viewer would understand to be a satirical representation of 26 |
---|
67 | 67 | | the individual; or 27 |
---|
68 | 68 | | (b) An image altered only to change the 28 |
---|
69 | 69 | | saturation, brightness, contrast, color, or any other superficial quality of 29 |
---|
70 | 70 | | the image. 30 |
---|
71 | 71 | | 31 |
---|
72 | 72 | | 32 |
---|
73 | 73 | | 33 |
---|
74 | 74 | | 34 |
---|
75 | 75 | | 35 |
---|
76 | 76 | | 36 |
---|