| 66 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 16, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 16-1023, to read: START_STATUTE16-1023. Digital impersonation of candidate or other person; relief; applicability; definitions A. A candidate for public office or political party office who will appear on the ballot in this state or any citizen of this state may bring an action for digital impersonation within two years after the date that the person knows, or in the exercise of reasonable diligence should know, that a digital impersonation of the person who is bringing the action was published. The sole remedy on this cause of action is preliminary and permanent declaratory relief except as otherwise expressly provided by this section. To prevail on an action prescribed by this section, a plaintiff must prove all of the following: 1. That a digital impersonation of the person was published to one or more other persons without the person's consent. 2. That at the time of publication either of the following applies: (a) The publisher did not reasonably convey to the persons to whom the publication was made that the recording or image was a digital impersonation or that its authenticity was disputed. (b) It would not be obvious to a reasonable person that the recording or image was a digital IMPERSONATION. B. If the digital impersonation is or is part of a paid advertisement, a cause of action for digital impersonation may be brought only against the person or entity that originated, ordered, placed or paid for the advertisement. C. A provider of an interactive computer service may not be subject to an action for DIGITAL IMPERSONATION for PUBLISHING INFORMATION that is provided by another information content provider. D. A person who BRINGS an action for digital IMPERSONATION may file a complaint and a motion for preliminary declaratory relief in the superior court. The plaintiff shall make diligent efforts to both serve and provide prompt actual notice to all defendants. The PUBLISHER of the alleged digital impersonation has the right to appear, be heard and present evidence before the court's entry of PRELIMINARY declaratory RELIEF, but a DEFENDANT'S FAILURE to appear does not preclude a court from granting PRELIMINARY declaratory relief. E. The court shall rule on the motion for preliminary declaratory RELIEF within two days after the date that the complaint and motion are received by the judicial officer who is ASSIGNED to the case, excluding Saturdays, Sundays and court holidays. Preliminary declaratory relief may be granted against a defendant who does not appear only if the plaintiff's complaint is verified and a declaration is filed that states why with the exercise of reasonable diligence the defendant could not be served. If the court grants preliminary declaratory relief against a defendant who does not appear, the order granting the relief must be filed promptly in the clerk's office and entered in the record and must state all of the following: 1. The date and hour the order was issued. 2. Why the order was issued without notice. 3. The date and hour the order expires. 4. Any additional information that the judicial officer believes is necessary or appropriate to effectuate the order. F. Preliminary declaratory relief may be granted only if the plaintiff proves the ELEMENTS of DIGITAL IMPERSONAtion PRESCRIBED by subsection A of this section and at least one of the following additional elements: 1. THE PERSON IS A CANDIDATE FOR PUBLIC OFFICE or political party office AND AN ELECTION IS SCHEDULED TO BE HELD FOR THAT PUBLIC OFFICE or political party office WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE THAT THE RELIEF IS REQUESTED. 2. THE DIGITAL IMPERSONATION DEPICTS THE PERSON ENGAGING IN A SEXUAL ACT OR DEPICTS THE UNCLOTHED BREASTS, BUTTOCKS OR GENITALS OF THE PERSON. 3. THE DIGITAL IMPERSONATION DEPICTS THE PERSON ENGAGING IN A CRIMINAL ACT. 4. IN THE ABSENCE OF preliminary DECLARATORY RELIEF, THE PERSON CAN BE REASONABLY EXPECTED TO SUFFER SIGNIFICANT PERSONAL OR FINANCIAL HARDSHIP OR LOSS OF EMPLOYMENT OPPORTUNITIES. 5. IN THE ABSENCE OF preliminary DECLARATORY RELIEF, THE PERSON'S REPUTATION WILL BE IRREPARABLY HARMED. G. IF THE defendant DOES NOT APPEAR AND CONTEST THE CLAIM AND NO OTHER PARTY INTERVENES AS A DEFENDANT, THE PLAINTIFF is not ENTITLED TO TAXABLE COSTS. H. If a defendant has not been served within ninety days after the date of filing and no party has APPEARED or INTERVENED as a defendant in intervention, the claims against that defendant shall be dismissed and any preliminary relief that was granted shall expire unless the court finds that the interests of justice require otherwise. I. In addition to declaratory relief as prescribed in subsections A through F of this section, a plaintiff in an action for digital impersonation may obtain injunctive relief and damages only if the elements of DIGITAL impersonation PRESCRIBED in subsection A of this section and all of the following elements are proven: 1. The digital impersonation depicts the person engaging in a sexual act or DEPICTS the unclothed breasts, buttocks or genitals of the person, appeals to PRURiENT interests and offends local community standards. 2. The plaintiff was not a public figure, including a limited public figure, at the time the cause of action accrued. 3. The publication was made with actual knowledge that the recording or image was a digital impersonation or the publisher failed to take reasonable corrective action within twenty-one days after the publisher had actual knowledge that the recording or image was a digital impersonation. Reasonable corrective action includes removing or disabling access to the digital impersonation and publishing to the same audience a statement that the publication was a digital impersonation. J. if preliminary declaratory relief is granted, any factual or legal determinations made by the court shall not be considered by the trier of fact or the court at any later stage of the proceeding or in any other proceeding. K. The standard of proof for actions prescribed by this section is: 1. For preliminary declaratory relief, clear and convincing evidence. 2. For injunctive relief and damages, clear and convincing evidence. 3. For permanent declaratory relief, a preponderance of the evidence. L. A plaintiff who brings an action under this section may file a COMPLaINT in the superior court for the county in which the plaintiff resides or, if the plaintiff is a candidate for president of the United States, in MARICOPA county or in any county in which one of the CANDIDATE'S political party's appointees for elector resides. M. A parent or guardian of a minor child or incapacitated person may seek relief under this section on the minor child's or incapacitated person's behalf. N. This section shall be narrowly construed in favor of both free and open discourse on matters of public concern and artistic expression and shall not be construed so as to abrogate any cause of action otherwise available. O. All parties to a contested action seeking permanent declaratory relief, permanent injunctive relief or damages and that is brought pursuant to this section have the right to trial by jury. P. This section applies fourteen days after the effective date of this section. Q. For the purposes of this section: 1. "Digital impersonation" means synthetic media, typically video, audio or still image, that meets all of the following requirements: (a) Has been digitally manipulated to convincingly replace one person's likeness or voice with that of another using deep generative methods and artificial intelligence techniques, or for which one person's likeness or voice has otherwise been simulated using deep generative methods and artificial intelligence techniques. (b) Was created with the intention to deceive or lead reasonable listeners or viewers into believing that the content is authentic. (c) Would lead reasonable viewers or listeners to believe that it is a true and accurate depiction of the impersonated person's voice or likeness and is something the impersonated person said or did. (d) is not commentary, parody, satire, criticism or artistic expression. (e) Was not created by the impersonated person or with the impersonated person's consent. 2. "Election" means any election in this state, including a primary, presidential preference, special or general election. 3. "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service. 4. "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. 5. "Political party office" means an office to which persons are elected within a political party. 6. "Public office": (a) means any office to which persons are elected by ballot at an election administered by this state or a political SUBDIVISION of this state. (b) includes the office of president of the United STates where a candidate's name or a candidate's political party appointees for elector will appear on the ballot in this state. END_STATUTE Sec. 2. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
|---|
| 67 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 16, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 16-1023, to read: START_STATUTE16-1023. Digital impersonation of candidate or other person; injunctive relief; expedited relief A. A candidate for public office who will appear on the ballot in this state or any citizen of this state may bring an action for digital impersonation within two years after the date that the person knows, or in the exercise of reasonable diligence should know, that a digital impersonation of that person was published. The sole remedy on this cause of action is preliminary and permanent declaratory relief except as otherwise expressly provided by this section. To prevail on an action prescribed by this section, a plaintiff must prove all of the following by a preponderance of the evidence: 1. That a digital impersonation of the person was published to one or more other persons without the person's consent. 2. That on publication: (a) The publisher did not reasonably convey to the persons to whom the publication was made that the recording or image was a digital impersonation or that its authenticity was disputed; or (b) It was not otherwise obvious to the person or persons to whom the publication was made that the recording or image was a digital impersonation. B. If the digital impersonation is or is part of a paid advertisement, a cause of action for declaratory judgment of digital impersonation may be brought only as against the person or entity which originated, ordered, placed or paid for the advertisement. C. For purposes of this section, no provider of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. D. A PERSON BRINGING AN ACTION FOR DIGITAL IMPERSONATION MAY PETITION THE SUPERIOR COURT FOR THE COUNTY IN WHICH THE PERSON RESIDES OR, IF THE PERSON IS A CANDIDATE FOR PRESIDENT, IN MARICOPA COUNTY OR IN ANY COUNTY IN WHICH ONE OF THE CANDIDATE'S APPOINTEES FOR ELECTOR RESIDES, FOR A PRELIMINARY JUDICIAL DECLARATION WITH OR WITHOUT NOTICE THAT A RECORDING OR IMAGE IS A DIGITAL IMPERSONATION. THE PLAINTIFF SHALL MAKE ALL REASONABLE EFFORTS TO PROVIDE BOTH SERVICE AND ACTUAL NOTICE TO ALL DEFENDANTS IMMEDIATELY UPON FILING THE COMPLAINT. NOTWITHSTANDING THE PUBLISHER OF THE ALLEGED DIGITAL IMPERSONATION SHALL HAVE THE RIGHT TO APPEAR, BE HEARD AND PRESENT EVIDENCE PRIOR TO THE COURT'S ENTRY OF A PRELIMINARY DECLARATORY JUDGMENT BUT A DEFENDANT'S FAILURE TO APPEAR DOES NOT AFFECT THE ABILITY OF A COURT TO PROVIDE PRELIMinARY DECLARATORY RELIEF. E. FOR A PETITION FOR PRELIMINARY JUDICIAL DECLARATION WITHOUT NOTICE, THE COURT SHALL RULE ON THE PETITION WITHIN TWO DAYS FROM THE DATE THAT THE PETITION IS HAND-DELIVERED OR EMAILED TO THE CHAMBERS OF THE JUDICIAL OFFICER ASSIGNED TO THE CASE, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS, AFTER THE PETITION IS FILED. BEFORE PRELIMINARY RELIEF MAY BE GRANTED UNDER THIS SECTION WITHOUT NOTICE, THE PETITIONER MUST SUBMIT A DECLARATION OR A VERIFIED COMPLAINT SUPPORTING THE PETITION AND EXPLAINING ANY REASONS WHY IT MAY BE DIFFICULT TO EFFECTUATE SERVICE ON THE DEFENDANTS. IF A COURT ISSUES A PRELIMINARY DECLARATION UNDER THIS SECTION WITHOUT NOTICE, THE PRELIMINARY ORDER MUST COMPLY WITH ALL OF THE FOLLOWING: 1. STATE THE DATE AND HOUR THE ORDER WAS ISSUED. 2. STATE WHY THE ORDER WAS ISSUED WITHOUT NOTICE. 3. BE PROMPTLY FILED IN THE CLERK'S OFFICE AND ENTERED IN THE RECORD. F. PERMANENT RELIEF MAY NOT BE GRANTED UNDER THIS SECTION UNLESS NOTICE IS GIVEN TO THE DEFENDANT. G. PRELIMINARY DECLARATORY RELIEF SHALL BE GRANTED ONLY IF THE PERSON IS ABLE TO PROVE BY A PREPONDERANCE OF THE EVIDENCE, OR IN THE CASE OF PRELIMINARY DECLARATORY RELIEF SOUGHT WITHOUT NOTICE, BY CLEAR AND CONVINCING EVIDENCE, THE ELEMENTS OF DIGITAL IMPERSONATION AND ANY OF THE FOLLOWING ADDITIONAL REQUIREMENTS ARE MET: 1. THE PERSON IS A CANDIDATE FOR PUBLIC OFFICE AND AN ELECTION IS SCHEDULED TO BE HELD FOR THAT PUBLIC OFFICE WITHIN ONE HUNDRED EIGHTY DAYS OF THE DATE THAT THE RELIEF IS REQUESTED. 2. THE DIGITAL IMPERSONATION DEPICTS THE PERSON ENGAGING IN A SEXUAL ACT OR DEPICTS THE UNCLOTHED BREASTS, BUTTOCKS OR GENITALS OF THE PERSON. 3. THE DIGITAL IMPERSONATION DEPICTS THE PERSON ENGAGING IN A CRIMINAL ACT. 4. IN THE ABSENCE OF EXPEDITED RELIEF, THE PERSON CAN BE REASONABLY EXPECTED TO SUFFER SIGNIFICANT PERSONAL OR FINANCIAL HARDSHIP OR LOSS OF EMPLOYMENT OPPORTUNITIES. 5. IN THE ABSENCE OF EXPEDITED RELIEF, THE PERSON'S REPUTATION WILL BE IRREPARABLY HARMED. H. IF THE PUBLISHER DOES NOT APPEAR AND CONTEST THE CLAIM AND NO OTHER PARTY INTERVENES AS A DEFENDANT, THE PLAINTIFF SHALL NOT BE ENTITLED TO TAXABLE COSTS. i. Actions in which the petitioner is a candidate, public official or is otherwise a public figure shall be deemed to have been abated if the publisher does not appear and no other party intervenes as a defendant within 30 days of the court's issuance of a preliminary declaratory judgment. If this subsection or its application to any person or circumstance is held invalid, that invalidity does not affect other provisions or applications of the act that can be given effect without this subsection, and to this end this subsection is severable. j. A person bringing an action for digital impersonation additionally has the right to recover injunctive relief and damages if all of the following requirements are met: 1. THE DIGITAL IMPERSONATION: (a) DEPICTS THE PERSON ENGAGING IN A SEXUAL ACT OR DEPICTS THE UNCLOTHED BREASTS, BUTTOCKS OR GENITALS OF THE PERSON. (b) APPEALS TO PRURIENT INTERESTS. (c) OFFENDS LOCAL COMMUNITY STANDARDS. 2. The person was not a public figure at the time the cause of action accrued. 3. The elements of subsection A of this section are proven by clear and convincing evidence. 4. The person proves, by clear and convincing evidence, that the publication was made with actual knowledge that the recording or image was a digital impersonation or, if a digital impersonation was published without such knowledge, that the publisher failed to take reasonable corrective action within 21 days after the publisher had actual knowledge that the recording or image was a digital impersonation. Reasonable corrective action shall include removing or disabling access to the digital impersonation or publishing to the same audience a statement that the publication was a digital impersonation. k. if a preliminary declaratory judgement is issued under subsection d, Any factual or legal determinations made by the court under subsection D of this section shall not be considered by the trier of fact at any later stage of the proceeding or in any other proceeding. l. A parent or guardian of a minor child or incapacitated person may seek relief under this section on the minor child's or incapacitated person's behalf. m. This section shall be narrowly construed in favor of both free and open discourse on matters of public concern and artistic expression and shall not be construed so as to deny or disparage any cause of action otherwise available. n. Nothing in this section shall be construed to limit a party's constitutional right to trial by jury. Both parties to actions seeking only permanent declaratory relief retain the right to trial by jury. o. For the purposes of this section: 1. "Appear on the ballot in this state" includes a candidate for president of the United States whose candidates for presidential elector will appear on the ballot in this state. 2. "Digital impersonation" means synthetic media, typically video, audio or still image that: (a) Has been digitally manipulated to convincingly replace one person's likeness or voice with that of another using deep generative methods and artificial intelligence techniques, or for which one person's likeness or voice has otherwise been simulated using deep generative methods and artificial intelligence techniques; (b) Was created with the intention to deceive or lead reasonable listeners or viewers into believing that the content is authentic; (c) Reasonable viewers or listeners would believe actually represents the person's voice or likeness; (d) Would cause reasonable viewers or listeners to conclude that the recording or image is a true and accurate depiction of something the person said or did; (e) is not commentary, parody, satire, criticism or artistic expression; and (f) Was not created by the person or with the person's consent. 3. "Election" means any election in this state, including a primary, presidential preference, special or general election. 4. "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service. 5. "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. 6. "Public figure", for the avoidance of doubt, includes limited purpose public figures. 7. "Public office" means any office of public trust or any position to which persons are elected within a political party. END_STATUTE Sec. 2. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
|---|