Amended IN Senate June 11, 2024 Amended IN Assembly April 18, 2024 Amended IN Assembly April 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2355Introduced by Assembly Members Wendy Carrillo and CervantesFebruary 12, 2024 An act to add Chapter 1.5 (commencing with Section 20050) to Division 20 of the Elections Code, relating to political advertisements. An act to add Section 84514 to the Government Code, relating to the Political Reform Act of 1974.LEGISLATIVE COUNSEL'S DIGESTAB 2355, as amended, Wendy Carrillo. Political advertisements: artificial intelligence. Political Reform Act of 1974: political advertisements: artificial intelligence.Existing law, the Political Reform Act of 1974, requires certain advertisements to contain specified disclosures. The Fair Political Practices Commission is charged with administering and implementing the act, and may, when it determines a violation has occurred, bring an administrative action and issue an order requiring the violator to cease and desist the violation, file specified documents, or pay a monetary penalty of up to $5,000 per violation. The commission may also, in certain instances, bring a civil action against any person who violates any provision of the act.This bill would require a committee that creates, originally publishes, or originally distributes a qualified political advertisement to include in the advertisement a specified disclosure that the advertisement was generated or substantially altered using artificial intelligence, as defined. The bill would define qualified political advertisement to include any advertisement, as specified, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence. The bill would specify that any image, audio, video, or other media is generated or substantially altered using artificial intelligence if it is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic or materially altered by artificial intelligence such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version. The bill would authorize the commission to enforce a violation of these disclosure requirements by seeking injunctive relief to compel compliance or pursuing any other administrative or civil remedies available to the commission under the act. The bill would specify that a violation of these disclosure requirements does not constitute a misdemeanor.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Existing law requires a paid political advertisement, as defined, that refers to an election or to any candidate for state or local elective office and that is contained or distributed with a newspaper to include the printed disclosure Paid Political Advertisement, as specified. Existing law, until January 1, 2027, prohibits a person, committee, or other entity from, except as specified, distributing, with actual malice, materially deceptive audio or visual media of a candidate for elective office with the intent to injure the candidates reputation or to deceive the voter into voting for or against the candidate.This bill would require a person, committee, or other entity that creates, originally publishes, or originally distributes a qualified political advertisement to include in the advertisement a specified disclosure that the advertisement was generated or substantially altered using artificial intelligence, as defined. The bill would define qualified political advertisement to include any paid advertisement, as specified, that relates to a candidate for federal, state, or local office, any election to federal, state, or local office, or a ballot measure, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence. The bill would specify that any image, audio, video, or other media is generated or substantially altered using artificial intelligence if it is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic or materially altered by artificial intelligence such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version. The bill would authorize any registered voter to bring an action in superior court seeking a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any qualified political advertisement that violates these disclosure requirements.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 84514 is added to the Government Code, immediately following Section 84513, to read:84514. (a) (1) If a committee, as defined in Section 82013, creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.(2) The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:(A) Audio(B) Image.(C) Video.(3) (A) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.(B) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner at the beginning or end of the advertisement and in a pitch and tone substantially similar to the rest of the advertisement.(b) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.(c) (1) If a committee does not comply with the requirements of subdivision (a), the Commission may take either of the following actions:(A) Seek injunctive relief to compel compliance pursuant to Section 90009.(B) Pursue any administrative or civil remedies available under Chapter 3 (commencing with Section 83100) or Chapter 11 (commencing with Section 91000).(2) A violation of subdivision (a) shall not constitute a misdemeanor under Chapter 11 (commencing with Section 91000).(d) For purposes of this section, the following definitions apply:(1) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(2) (A) Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:(i) The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.(ii) The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.(B) Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.(3) Qualified political advertisement means an advertisement that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.SEC. 2. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.SECTION 1.Chapter 1.5 (commencing with Section 20050) is added to Division 20 of the Elections Code, to read:1.5.Artificial Intelligence in Political Advertisements20050.(a)(1)If a person, committee, as defined in Section 82013 of the Government Code, or other entity creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.(2)The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:(A)Audio(B)Image.(C)Video.(3)(A)For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.(B)If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener.(b)(1)This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.(2)Subdivision (a) does not apply to any of the following:(A)A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts a qualified political advertisement as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events.(B)A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast a qualified political advertisement.(C)An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes a qualified political advertisement as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events.(D)A qualified political advertisement that constitutes satire or parody.(c)The superior court, in a case brought before it by a registered voter, may issue a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any qualified political advertisement in violation of this section, and all cases of this nature shall be in a preferred position for purposes of trial and appeal, so as to assure the speedy disposition of cases of this nature.(d)For purposes of this section, the following definitions apply:(1)Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(2)Ballot measure includes any of the following:(A)City ballot measures.(B)County ballot measures.(C)School and district ballot measures.(D)Statewide ballot measures.(3)(A)Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:(i)The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.(ii)The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.(B)Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.(4)Qualified political advertisement means any paid advertisement, including search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, printed advertisements, messaging service advertisements, mobile application advertisements, prerecorded telephone message advertisements, or sponsorships, relating to a candidate for federal, state, or local office, any election to federal, state, or local office, or a ballot measure, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.
Amended IN Senate June 11, 2024 Amended IN Assembly April 18, 2024 Amended IN Assembly April 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2355Introduced by Assembly Members Wendy Carrillo and CervantesFebruary 12, 2024 An act to add Chapter 1.5 (commencing with Section 20050) to Division 20 of the Elections Code, relating to political advertisements. An act to add Section 84514 to the Government Code, relating to the Political Reform Act of 1974.LEGISLATIVE COUNSEL'S DIGESTAB 2355, as amended, Wendy Carrillo. Political advertisements: artificial intelligence. Political Reform Act of 1974: political advertisements: artificial intelligence.Existing law, the Political Reform Act of 1974, requires certain advertisements to contain specified disclosures. The Fair Political Practices Commission is charged with administering and implementing the act, and may, when it determines a violation has occurred, bring an administrative action and issue an order requiring the violator to cease and desist the violation, file specified documents, or pay a monetary penalty of up to $5,000 per violation. The commission may also, in certain instances, bring a civil action against any person who violates any provision of the act.This bill would require a committee that creates, originally publishes, or originally distributes a qualified political advertisement to include in the advertisement a specified disclosure that the advertisement was generated or substantially altered using artificial intelligence, as defined. The bill would define qualified political advertisement to include any advertisement, as specified, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence. The bill would specify that any image, audio, video, or other media is generated or substantially altered using artificial intelligence if it is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic or materially altered by artificial intelligence such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version. The bill would authorize the commission to enforce a violation of these disclosure requirements by seeking injunctive relief to compel compliance or pursuing any other administrative or civil remedies available to the commission under the act. The bill would specify that a violation of these disclosure requirements does not constitute a misdemeanor.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Existing law requires a paid political advertisement, as defined, that refers to an election or to any candidate for state or local elective office and that is contained or distributed with a newspaper to include the printed disclosure Paid Political Advertisement, as specified. Existing law, until January 1, 2027, prohibits a person, committee, or other entity from, except as specified, distributing, with actual malice, materially deceptive audio or visual media of a candidate for elective office with the intent to injure the candidates reputation or to deceive the voter into voting for or against the candidate.This bill would require a person, committee, or other entity that creates, originally publishes, or originally distributes a qualified political advertisement to include in the advertisement a specified disclosure that the advertisement was generated or substantially altered using artificial intelligence, as defined. The bill would define qualified political advertisement to include any paid advertisement, as specified, that relates to a candidate for federal, state, or local office, any election to federal, state, or local office, or a ballot measure, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence. The bill would specify that any image, audio, video, or other media is generated or substantially altered using artificial intelligence if it is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic or materially altered by artificial intelligence such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version. The bill would authorize any registered voter to bring an action in superior court seeking a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any qualified political advertisement that violates these disclosure requirements.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate June 11, 2024 Amended IN Assembly April 18, 2024 Amended IN Assembly April 11, 2024
Amended IN Senate June 11, 2024
Amended IN Assembly April 18, 2024
Amended IN Assembly April 11, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2355
Introduced by Assembly Members Wendy Carrillo and CervantesFebruary 12, 2024
Introduced by Assembly Members Wendy Carrillo and Cervantes
February 12, 2024
An act to add Chapter 1.5 (commencing with Section 20050) to Division 20 of the Elections Code, relating to political advertisements. An act to add Section 84514 to the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2355, as amended, Wendy Carrillo. Political advertisements: artificial intelligence. Political Reform Act of 1974: political advertisements: artificial intelligence.
Existing law, the Political Reform Act of 1974, requires certain advertisements to contain specified disclosures. The Fair Political Practices Commission is charged with administering and implementing the act, and may, when it determines a violation has occurred, bring an administrative action and issue an order requiring the violator to cease and desist the violation, file specified documents, or pay a monetary penalty of up to $5,000 per violation. The commission may also, in certain instances, bring a civil action against any person who violates any provision of the act.This bill would require a committee that creates, originally publishes, or originally distributes a qualified political advertisement to include in the advertisement a specified disclosure that the advertisement was generated or substantially altered using artificial intelligence, as defined. The bill would define qualified political advertisement to include any advertisement, as specified, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence. The bill would specify that any image, audio, video, or other media is generated or substantially altered using artificial intelligence if it is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic or materially altered by artificial intelligence such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version. The bill would authorize the commission to enforce a violation of these disclosure requirements by seeking injunctive relief to compel compliance or pursuing any other administrative or civil remedies available to the commission under the act. The bill would specify that a violation of these disclosure requirements does not constitute a misdemeanor.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Existing law requires a paid political advertisement, as defined, that refers to an election or to any candidate for state or local elective office and that is contained or distributed with a newspaper to include the printed disclosure Paid Political Advertisement, as specified. Existing law, until January 1, 2027, prohibits a person, committee, or other entity from, except as specified, distributing, with actual malice, materially deceptive audio or visual media of a candidate for elective office with the intent to injure the candidates reputation or to deceive the voter into voting for or against the candidate.This bill would require a person, committee, or other entity that creates, originally publishes, or originally distributes a qualified political advertisement to include in the advertisement a specified disclosure that the advertisement was generated or substantially altered using artificial intelligence, as defined. The bill would define qualified political advertisement to include any paid advertisement, as specified, that relates to a candidate for federal, state, or local office, any election to federal, state, or local office, or a ballot measure, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence. The bill would specify that any image, audio, video, or other media is generated or substantially altered using artificial intelligence if it is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic or materially altered by artificial intelligence such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version. The bill would authorize any registered voter to bring an action in superior court seeking a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any qualified political advertisement that violates these disclosure requirements.
Existing law, the Political Reform Act of 1974, requires certain advertisements to contain specified disclosures. The Fair Political Practices Commission is charged with administering and implementing the act, and may, when it determines a violation has occurred, bring an administrative action and issue an order requiring the violator to cease and desist the violation, file specified documents, or pay a monetary penalty of up to $5,000 per violation. The commission may also, in certain instances, bring a civil action against any person who violates any provision of the act.
This bill would require a committee that creates, originally publishes, or originally distributes a qualified political advertisement to include in the advertisement a specified disclosure that the advertisement was generated or substantially altered using artificial intelligence, as defined. The bill would define qualified political advertisement to include any advertisement, as specified, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence. The bill would specify that any image, audio, video, or other media is generated or substantially altered using artificial intelligence if it is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic or materially altered by artificial intelligence such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version. The bill would authorize the commission to enforce a violation of these disclosure requirements by seeking injunctive relief to compel compliance or pursuing any other administrative or civil remedies available to the commission under the act. The bill would specify that a violation of these disclosure requirements does not constitute a misdemeanor.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Existing law requires a paid political advertisement, as defined, that refers to an election or to any candidate for state or local elective office and that is contained or distributed with a newspaper to include the printed disclosure Paid Political Advertisement, as specified. Existing law, until January 1, 2027, prohibits a person, committee, or other entity from, except as specified, distributing, with actual malice, materially deceptive audio or visual media of a candidate for elective office with the intent to injure the candidates reputation or to deceive the voter into voting for or against the candidate.
This bill would require a person, committee, or other entity that creates, originally publishes, or originally distributes a qualified political advertisement to include in the advertisement a specified disclosure that the advertisement was generated or substantially altered using artificial intelligence, as defined. The bill would define qualified political advertisement to include any paid advertisement, as specified, that relates to a candidate for federal, state, or local office, any election to federal, state, or local office, or a ballot measure, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence. The bill would specify that any image, audio, video, or other media is generated or substantially altered using artificial intelligence if it is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic or materially altered by artificial intelligence such that a reasonable person would have a fundamentally different understanding of the altered media when comparing it to an unaltered version. The bill would authorize any registered voter to bring an action in superior court seeking a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any qualified political advertisement that violates these disclosure requirements.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 84514 is added to the Government Code, immediately following Section 84513, to read:84514. (a) (1) If a committee, as defined in Section 82013, creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.(2) The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:(A) Audio(B) Image.(C) Video.(3) (A) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.(B) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner at the beginning or end of the advertisement and in a pitch and tone substantially similar to the rest of the advertisement.(b) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.(c) (1) If a committee does not comply with the requirements of subdivision (a), the Commission may take either of the following actions:(A) Seek injunctive relief to compel compliance pursuant to Section 90009.(B) Pursue any administrative or civil remedies available under Chapter 3 (commencing with Section 83100) or Chapter 11 (commencing with Section 91000).(2) A violation of subdivision (a) shall not constitute a misdemeanor under Chapter 11 (commencing with Section 91000).(d) For purposes of this section, the following definitions apply:(1) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(2) (A) Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:(i) The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.(ii) The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.(B) Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.(3) Qualified political advertisement means an advertisement that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.SEC. 2. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.SECTION 1.Chapter 1.5 (commencing with Section 20050) is added to Division 20 of the Elections Code, to read:1.5.Artificial Intelligence in Political Advertisements20050.(a)(1)If a person, committee, as defined in Section 82013 of the Government Code, or other entity creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.(2)The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:(A)Audio(B)Image.(C)Video.(3)(A)For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.(B)If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener.(b)(1)This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.(2)Subdivision (a) does not apply to any of the following:(A)A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts a qualified political advertisement as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events.(B)A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast a qualified political advertisement.(C)An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes a qualified political advertisement as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events.(D)A qualified political advertisement that constitutes satire or parody.(c)The superior court, in a case brought before it by a registered voter, may issue a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any qualified political advertisement in violation of this section, and all cases of this nature shall be in a preferred position for purposes of trial and appeal, so as to assure the speedy disposition of cases of this nature.(d)For purposes of this section, the following definitions apply:(1)Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(2)Ballot measure includes any of the following:(A)City ballot measures.(B)County ballot measures.(C)School and district ballot measures.(D)Statewide ballot measures.(3)(A)Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:(i)The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.(ii)The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.(B)Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.(4)Qualified political advertisement means any paid advertisement, including search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, printed advertisements, messaging service advertisements, mobile application advertisements, prerecorded telephone message advertisements, or sponsorships, relating to a candidate for federal, state, or local office, any election to federal, state, or local office, or a ballot measure, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 84514 is added to the Government Code, immediately following Section 84513, to read:84514. (a) (1) If a committee, as defined in Section 82013, creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.(2) The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:(A) Audio(B) Image.(C) Video.(3) (A) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.(B) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner at the beginning or end of the advertisement and in a pitch and tone substantially similar to the rest of the advertisement.(b) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.(c) (1) If a committee does not comply with the requirements of subdivision (a), the Commission may take either of the following actions:(A) Seek injunctive relief to compel compliance pursuant to Section 90009.(B) Pursue any administrative or civil remedies available under Chapter 3 (commencing with Section 83100) or Chapter 11 (commencing with Section 91000).(2) A violation of subdivision (a) shall not constitute a misdemeanor under Chapter 11 (commencing with Section 91000).(d) For purposes of this section, the following definitions apply:(1) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(2) (A) Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:(i) The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.(ii) The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.(B) Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.(3) Qualified political advertisement means an advertisement that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.
SECTION 1. Section 84514 is added to the Government Code, immediately following Section 84513, to read:
### SECTION 1.
84514. (a) (1) If a committee, as defined in Section 82013, creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.(2) The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:(A) Audio(B) Image.(C) Video.(3) (A) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.(B) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner at the beginning or end of the advertisement and in a pitch and tone substantially similar to the rest of the advertisement.(b) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.(c) (1) If a committee does not comply with the requirements of subdivision (a), the Commission may take either of the following actions:(A) Seek injunctive relief to compel compliance pursuant to Section 90009.(B) Pursue any administrative or civil remedies available under Chapter 3 (commencing with Section 83100) or Chapter 11 (commencing with Section 91000).(2) A violation of subdivision (a) shall not constitute a misdemeanor under Chapter 11 (commencing with Section 91000).(d) For purposes of this section, the following definitions apply:(1) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(2) (A) Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:(i) The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.(ii) The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.(B) Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.(3) Qualified political advertisement means an advertisement that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.
84514. (a) (1) If a committee, as defined in Section 82013, creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.(2) The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:(A) Audio(B) Image.(C) Video.(3) (A) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.(B) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner at the beginning or end of the advertisement and in a pitch and tone substantially similar to the rest of the advertisement.(b) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.(c) (1) If a committee does not comply with the requirements of subdivision (a), the Commission may take either of the following actions:(A) Seek injunctive relief to compel compliance pursuant to Section 90009.(B) Pursue any administrative or civil remedies available under Chapter 3 (commencing with Section 83100) or Chapter 11 (commencing with Section 91000).(2) A violation of subdivision (a) shall not constitute a misdemeanor under Chapter 11 (commencing with Section 91000).(d) For purposes of this section, the following definitions apply:(1) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(2) (A) Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:(i) The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.(ii) The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.(B) Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.(3) Qualified political advertisement means an advertisement that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.
84514. (a) (1) If a committee, as defined in Section 82013, creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.(2) The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:(A) Audio(B) Image.(C) Video.(3) (A) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.(B) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner at the beginning or end of the advertisement and in a pitch and tone substantially similar to the rest of the advertisement.(b) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.(c) (1) If a committee does not comply with the requirements of subdivision (a), the Commission may take either of the following actions:(A) Seek injunctive relief to compel compliance pursuant to Section 90009.(B) Pursue any administrative or civil remedies available under Chapter 3 (commencing with Section 83100) or Chapter 11 (commencing with Section 91000).(2) A violation of subdivision (a) shall not constitute a misdemeanor under Chapter 11 (commencing with Section 91000).(d) For purposes of this section, the following definitions apply:(1) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.(2) (A) Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:(i) The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.(ii) The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.(B) Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.(3) Qualified political advertisement means an advertisement that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.
84514. (a) (1) If a committee, as defined in Section 82013, creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.
(2) The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:
(A) Audio
(B) Image.
(C) Video.
(3) (A) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.
(B) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner at the beginning or end of the advertisement and in a pitch and tone substantially similar to the rest of the advertisement.
(b) This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.
(c) (1) If a committee does not comply with the requirements of subdivision (a), the Commission may take either of the following actions:
(A) Seek injunctive relief to compel compliance pursuant to Section 90009.
(B) Pursue any administrative or civil remedies available under Chapter 3 (commencing with Section 83100) or Chapter 11 (commencing with Section 91000).
(2) A violation of subdivision (a) shall not constitute a misdemeanor under Chapter 11 (commencing with Section 91000).
(d) For purposes of this section, the following definitions apply:
(1) Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(2) (A) Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:
(i) The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.
(ii) The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.
(B) Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
(3) Qualified political advertisement means an advertisement that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.
SEC. 2. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
SEC. 2. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
SEC. 2. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
### SEC. 2.
(a)(1)If a person, committee, as defined in Section 82013 of the Government Code, or other entity creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, the following disclosure: This _____ has been generated or substantially altered using artificial intelligence.
(2)The blank in the disclosure required by paragraph (1) shall be filled with whichever of the following terms most accurately describes the media:
(A)Audio
(B)Image.
(C)Video.
(3)(A)For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.
(B)If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener.
(b)(1)This section does not alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code.
(2)Subdivision (a) does not apply to any of the following:
(A)A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts a qualified political advertisement as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events.
(B)A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast a qualified political advertisement.
(C)An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes a qualified political advertisement as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events.
(D)A qualified political advertisement that constitutes satire or parody.
(c)The superior court, in a case brought before it by a registered voter, may issue a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any qualified political advertisement in violation of this section, and all cases of this nature shall be in a preferred position for purposes of trial and appeal, so as to assure the speedy disposition of cases of this nature.
(d)For purposes of this section, the following definitions apply:
(1)Artificial intelligence means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(2)Ballot measure includes any of the following:
(A)City ballot measures.
(B)County ballot measures.
(C)School and district ballot measures.
(D)Statewide ballot measures.
(3)(A)Any image, audio, video, or other media is generated or substantially altered using artificial intelligence if either of the following conditions are met:
(i)The visual or audio media is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic.
(ii)The visual or audio media is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.
(B)Any image, audio, video, or other media is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
(4)Qualified political advertisement means any paid advertisement, including search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, printed advertisements, messaging service advertisements, mobile application advertisements, prerecorded telephone message advertisements, or sponsorships, relating to a candidate for federal, state, or local office, any election to federal, state, or local office, or a ballot measure, that contains any image, audio, or video that is generated or substantially altered using artificial intelligence.