Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0168.04 Alison Killen x4350
HOUSE BILL 24-1147
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING THE USE OF A DEEPFA KE IN A COMMUNICATION RELATED101
TO A CANDIDATE FOR ELECTIVE OFFICE , AND, IN CONNECTION102
THEREWITH, REQUIRING DISCLOSURE , PROVIDING FOR103
ENFORCEMENT, AND CREATING A PRIVATE CAUSE OF ACTION104
FOR CANDIDATES.105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates a statutory scheme to regulate the use of deepfakes
produced using generative artificial intelligence (AI) in communications
HOUSE SPONSORSHIP
Joseph and Titone, Bacon, Brown, Clifford, Garcia, Hernandez, Kipp, Lindsay, Lindstedt,
Mabrey, Marvin, Rutinel, Velasco, Willford
SENATE SPONSORSHIP
Hansen and Buckner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. about candidates for elective office. Sections 1 and 2 of the bill expand
the existing authority of an administrative hearing officer under the "Fair
Campaign Practices Act" (act) to impose civil penalties for distribution
of a communication that includes a deepfake related to a candidate for
elective office in violation of the provisions of section 3.
Section 3 prohibits the distribution of a communication that
includes an undisclosed deepfake with actual malice as to the
deceptiveness or falsity of the communication related to a candidate for
public office. Section 3 also defines "AI", "deepfake", and the
requirements for a clear, conspicuous, and understandable disclosure
statement regarding a deepfake that are necessary to avoid a violation of
the new prohibition. In addition to meeting the specific statutory
requirements for a clear and conspicuous disclosure statement, the
disclosure statement must be included in the communication's metadata
and, to the extent technically feasible, must be permanent or unable to be
easily removed by subsequent users. The disclosure statement must also
conform to any subsequent requirements established by the secretary of
state through rulemaking.
Any person who believes there has been a violation of the statutory
or regulatory requirements for disclosure of the use of a deepfake in a
communication concerning a candidate for elective office may file a
complaint with the office of the secretary of state (secretary). The
secretary shall hear such complaints in accordance with the secretary's
existing complaint and administrative hearing procedures under the act,
and punish such complaints in accordance with sections 1 and 2.
Additionally, a candidate who is the subject of a communication
that includes a deepfake and does not comply with the disclosure
requirements may bring a civil action for injunction or for general or
special damages or both. In either type of action, the plaintiff-candidate
must prove the defendant's actual malice as to the falsity or deceptiveness
of the communication that includes the deepfake by clear and convincing
evidence, consistent with established case law principles related to the
right of free speech.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 1-45-111.5, add2
(1.5)(c.5) as follows:3
1-45-111.5. Duties of the secretary of state - enforcement -4
sanctions - definitions. (1.5) (c.5) I
N ADDITION TO AND WITHOUT5
PREJUDICE TO ANY OTHER PENALTY AUTHORIZED UNDER THIS ARTICLE 45,6
HB24-1147-2- A HEARING OFFICER SHALL IMPOSE A CIVIL PENALTY AS FOLLOWS :1
(I) A
T LEAST ONE HUNDRED DOLLARS FOR EACH VIOLATION THAT2
IS A FAILURE TO INCLUDE A DISCLOSURE STATEMENT IN ACCORDANCE3
WITH SECTION 1-46-103 (2), IF THE VIOLATION DOES NOT INVOLVE ANY4
PAID ADVERTISING OR OTHER SPENDING TO PROMOTE OR ATTRACT5
ATTENTION TO A COMMUNICATION PROHIBITED BY SECTION 1-46-103 (1),6
OR SUCH OTHER HIGHER AMOUNT THAT , BASED ON THE DEGREE OF7
DISTRIBUTION AND PUBLIC EXPOSURE TO THE UNLAWFUL8
COMMUNICATION, THE HEARING OFFICER DEEMS APPROPRIATE TO DETER9
FUTURE VIOLATIONS OF SECTION 1-46-103; AND10
(II) A
T LEAST TEN PERCENT OF THE AMOUNT PAID OR SPENT TO11
ADVERTISE, PROMOTE, OR ATTRACT ATTENTION TO A COMMUNICATION12
PROHIBITED BY SECTION 1-46-103 (1) THAT DOES NOT INCLUDE A13
DISCLOSURE STATEMENT IN ACCORDANCE WITH SECTION 1-46-103 (2), OR14
SUCH OTHER HIGHER AMOUNT THAT , BASED ON THE DEGREE OF15
DISTRIBUTION AND PUBLIC EXPOSURE TO THE UNLAWFUL16
COMMUNICATION, THE HEARING OFFICER DEEMS APPROPRIATE TO DETER17
FUTURE VIOLATIONS OF SECTION 1-46-103.18
SECTION 2. In Colorado Revised Statutes, 1-45-111.7, amend19
(2)(a) as follows:20
1-45-111.7. Campaign finance complaints - initial review -21
curing violations - investigation and enforcement - hearings -22
advisory opinions - document review - collection of debts resulting23
from campaign finance penalties - definitions. (2) Filing complaints.24
(a) Any person who believes that a violation has occurred of article25
XXVIII, this article 45,
ARTICLE 46 OF THIS TITLE 1, or the rules may file26
a complaint with the secretary.27
HB24-1147
-3- SECTION 3. In Colorado Revised Statutes, add article 46 to title1
1 as follows:2
ARTICLE 463
Failure To Disclose A Deepfake In A Communication Concerning4
A Candidate For Elective Office5
1-46-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY6
FINDS AND DECLARES THAT:7
(a) T
HE REVOLUTIONARY INNOVATIONS IN GENERATIVE ARTIFICIAL8
INTELLIGENCE SYSTEMS CAPABLE OF PRODUCING IMAGE , AUDIO, VIDEO,9
AND MULTIMEDIA CONTENT (AI-GENERATED CONTENT) POSE A THREAT TO10
FREE AND FAIR ELECTIONS IN THE STATE;11
(b) AI-
GENERATED CONTENT MAY BE USED TO CREATE DEEPFAKES12
THAT FALSELY DEPICT A CANDIDATE 'S SPEECH OR ACTION IN ORDER TO13
SPREAD MISINFORMATION AND DISINFORMATION AT SCALE AND WITH14
UNPRECEDENTED SPEED;15
(c) F
REE AND FAIR ELECTIONS REQUIRE TRANSPARENCY AND16
ACCOUNTABILITY INCLUDING WITH REGARDS TO WHETHER THE CONTENT17
OF A COMMUNICATION CONCERNING A CANDIDATE FOR ELECTIVE OFFICE18
REFLECTS REALITY OR CONTAINS A DEEPFAKE PRODUCED USING19
GENERATIVE AI; AND20
(d) R
EQUIRING THAT CERTAIN DISCLOSURES BE MADE IN A21
COMMUNICATION CONCERNING A CANDIDATE FOR ELECTIVE OFFICE THAT22
INCLUDES A DEEPFAKE, AND PROVIDING MEANS OF ENFORCING THOSE23
REQUIREMENTS, IS CRITICAL TO ENSURE THAT THE VOTERS OF COLORADO24
CAN MAKE TRULY INFORMED VOTING DECISIONS , GIVING DUE WEIGHT TO25
EACH SOURCE OF INFORMATION INCLUDING THAT WHICH THEY KNOW TO26
BE A DEEPFAKE.27
HB24-1147
-4- 1-46-102. Definitions. A S USED IN THIS ARTICLE 46, UNLESS THE1
CONTEXT OTHERWISE REQUIRES :2
(1) (a) "AI-
GENERATED CONTENT" MEANS IMAGE, VIDEO, AUDIO,3
MULTIMEDIA, OR TEXT CONTENT THAT IS SUBSTANTIALLY CREATED OR4
MODIFIED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH THAT THE USE5
OF GENERATIVE ARTIFICIAL INTELLIGENCE ALTERS THE MEANING OR6
SIGNIFICANCE THAT A REASONABLE PERSON WOULD TAKE AWAY FROM THE7
CONTENT.8
(b) "AI-
GENERATED CONTENT" DOES NOT INCLUDE IMAGE, VIDEO,9
AUDIO, MULTIMEDIA, OR TEXT CONTENT THAT IS MINIMALLY EDITED ,10
ADJUSTED, OR ENHANCED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH11
THAT THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE DOES NOT12
MATERIALLY ALTER THE MEANING OR SIGNIFICANCE THAT A REASONABLE13
PERSON WOULD TAKE AWAY FROM THE CONTENT .14
(2) (a) "C
ANDIDATE" HAS THE SAME MEANING AS SET FORTH IN15
SECTION 2 (2) OF ARTICLE XXVIII OF THE STATE CONSTITUTION; EXCEPT16
THAT, "CANDIDATE" ALSO INCLUDES ANY PERSON WHO SEEKS NOMINATION17
OR ELECTION TO ANY FEDERAL PUBLIC OFFICE IN THIS STATE .18
(b) F
OR PURPOSES OF THIS ARTICLE 46, "CANDIDATE" ALSO19
INCLUDES AN INCUMBENT OR CURRENT OFFICE HOLDER .20
(3) "D
EEPFAKE" MEANS AN IMAGE, VIDEO, AUDIO, OR MULTIMEDIA21
AI-
GENERATED CONTENT THAT FALSELY APPEARS TO BE AUTHENTIC OR22
TRUTHFUL AND WHICH FEATURES A DEPICTION OF AN INDIVIDUAL23
APPEARING TO SAY OR DO SOMETHING THE INDIVIDUAL DID NOT SAY OR DO24
WITHOUT THE PERSON'S CONSENT.25
(4) "G
ENERATIVE ARTIFICIAL INTELLIGENCE" OR "GENERATIVE AI"26
MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF GENERATING27
HB24-1147
-5- NOVEL IMAGE, VIDEO, AUDIO, MULTIMEDIA, OR TEXT CONTENT BASED ON1
PROMPTS OR OTHER FORMS OF DATA PROVIDED BY A PERSON .2
(5) "M
ETADATA" MEANS STRUCTURAL OR DESCRIPTIVE3
INFORMATION ABOUT DATA SUCH AS CONTENT , FORMAT, SOURCE, RIGHTS,4
ACCURACY, PROVENANCE, PERIODICITY, GRANULARITY, PUBLISHER OR5
RESPONSIBLE PARTY, CONTACT INFORMATION, METHOD OF COLLECTION,6
AND OTHER DESCRIPTIONS.7
(6) "O
FFICE" MEANS THE OFFICE OF THE SECRETARY OF STATE, OR8
THE SECTION OR DIVISION OF THE OFFICE OF THE SECRETARY OF STATE9
ADMINISTERING THE ELECTION LAWS OF THIS STATE PURSUANT TO SECTION10
1-1-107
(4).11
(7) "P
ERSON" HAS THE SAME MEANING AS SET FORTH IN SECTION12
1-13-109
(3).13
1-46-103. Use of deepfakes in a communication concerning a14
candidate for elective office - disclosure requirements - limitations -15
rules. (1) E
XCEPT AS PROVIDED IN SUBSECTIONS (2) AND (3) OF THIS16
SECTION, NO PERSON SHALL DISTRIBUTE , DISSEMINATE, PUBLISH,17
BROADCAST, TRANSMIT, OR DISPLAY A COMMUNICATION CONCERNING A18
CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A DEEPFAKE WITH19
ACTUAL MALICE AS TO THE FALSITY OR DECEPTIVENESS OF THE20
COMMUNICATION.21
(2) (a) T
HE PROHIBITION IN SUBSECTION (1) OF THIS SECTION DOES22
NOT APPLY TO A COMMUNICATION THAT INCLUDES A DISCLOSURE STATING ,23
IN A CLEAR AND CONSPICUOUS MANNER , THAT: "THIS24
(
IMAGE/AUDIO/VIDEO/MULTIMEDIA) INCLUDES A DEEPFAKE CREATED25
USING GENERATIVE ARTIFICIAL INTELLIGENCE ."26
(b) A
DISCLOSURE REQUIRED UNDER THIS SECTION IS CONSIDERED27
HB24-1147
-6- TO BE MADE IN A CLEAR AND CONSPICUOUS MANNER IF THE DISCLOSURE1
MEETS THE FOLLOWING REQUIREMENTS :2
(I) I
N A VISUAL COMMUNICATION , THE TEXT OF THE DISCLOSURE3
STATEMENT APPEARS IN A FONT SIZE NO SMALLER THAN THE LARGEST4
FONT SIZE OF OTHER TEXT APPEARING IN THE VISUAL COMMUNICATION . IF5
THE VISUAL COMMUNICATION DOES NOT INCLUDE ANY OTHER TEXT , THE6
DISCLOSURE STATEMENT APPEARS IN A FONT SIZE THAT IS EASILY7
READABLE BY THE AVERAGE VIEWER .8
(II) I
N AN AUDIO COMMUNICATION , THE DISCLOSURE STATEMENT9
IS READ IN A CLEARLY SPOKEN MANNER AND IN A PITCH AND AT A SPEED10
THAT CAN BE EASILY HEARD AND UNDERSTOOD BY THE AVERAGE11
LISTENER, AT THE BEGINNING OF THE AUDIO COMMUNICATION , AT THE END12
OF THE AUDIO COMMUNICATION , AND, IF THE AUDIO COMMUNICATION IS13
GREATER THAN TWO MINUTES IN LENGTH , INTERSPERSED WITHIN THE14
AUDIO COMMUNICATION AT INTERVALS OF NOT MORE THAN TWO MINUTES15
EACH;16
(III) I
N A COMMUNICATION THAT INCLUDES BOTH VISUAL AND17
AUDIO CONTENT , THE DISCLOSURE STATEMENT SATISFIES THE18
REQUIREMENTS OF SUBSECTIONS (2)(b)(I) AND (2)(b)(II) OF THIS SECTION;19
(IV) T
HE METADATA OF THE COMMUNICATION , IF ANY, INCLUDES20
THE DISCLOSURE STATEMENT, THE IDENTITY OF THE TOOL USED TO CREATE21
THE DEEPFAKE, AND THE DATE AND TIME THE DEEPFAKE WAS CREATED ;22
(V) T
HE DISCLOSURE STATEMENT IN THE COMMUNICATION ,23
INCLUDING THE DISCLOSURE STATEMENT IN ANY METADATA , IS, TO THE24
EXTENT TECHNICALLY FEASIBLE , PERMANENT OR UNABLE TO BE EASILY25
REMOVED BY A SUBSEQUENT USER ; AND26
(VI) T
HE COMMUNICATION COMPLIES WITH ANY ADDITIONAL27
HB24-1147
-7- REQUIREMENTS FOR THE DISCLOSURE STATEMENT THAT THE SECRETARY1
OF STATE MAY ADOPT BY RULE TO ENSURE THAT THE DISCLOSURE2
STATEMENT IS PRESENTED IN A CLEAR AND CONSPICUOUS AND3
UNDERSTANDABLE MANNER .4
(3) T
HIS SECTION IS SUBJECT TO THE FOLLOWING LIMITATIONS :5
(a) T
HIS SECTION DOES NOT ALTER OR NEGATE ANY RIGHTS ,6
OBLIGATIONS, OR IMMUNITIES OF AN INTERACTIVE SERVICE PROVIDER IN7
ACCORDANCE WITH 47 U.S.C. SEC. 230, AS AMENDED, AND SHALL8
OTHERWISE BE CONSTRUED IN A MANNER CONSISTENT WITH FEDERAL LAW ;9
(b) T
HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION10
BROADCASTING STATION, INCLUDING A CABLE OR SATELLITE TELEVISION11
OPERATOR, PROGRAMMER , OR PRODUCER THAT BROADCASTS A12
COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY13
SUBSECTION (1) OF THIS SECTION AS PART OF A BONA FIDE NEWSCAST ,14
NEWS INTERVIEW, NEWS DOCUMENTARY , OR ON-THE-SPOT COVERAGE OF15
A BONA FIDE NEWS EVENT, IF THE BROADCAST OR PUBLICATION CLEARLY16
ACKNOWLEDGES THROUGH CONTENT OR A DISCLOSURE , IN A MANNER17
THAT CAN BE EASILY HEARD AND UNDERSTOOD OR READ BY THE AVERAGE18
LISTENER OR VIEWER , THAT THERE ARE QUESTIONS ABOUT THE19
AUTHENTICITY OF THE DEEPFAKE IN THE COMMUNICATION ;20
(c) T
HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION21
BROADCASTING STATION, INCLUDING A CABLE OR SATELLITE TELEVISION22
OPERATOR, PROGRAMMER, OR PRODUCER, WHEN THE STATION IS PAID TO23
BROADCAST A COMMUNICATION THAT INCLUDES A DEEPFAKE ;24
(d) T
HIS SECTION DOES NOT APPLY TO AN INTERNET WEBSITE , OR25
A REGULARLY PUBLISHED NEWSPAPER , MAGAZINE, OR OTHER PERIODICAL26
OF GENERAL CIRCULATION , INCLUDING AN INTERNET OR ELECTRONIC27
HB24-1147
-8- PUBLICATION, THAT ROUTINELY CARRIES NEWS AND COMMENTARY OF1
GENERAL INTEREST AND THAT PUBLISHES A COMMUNICATION THAT2
INCLUDES A DEEPFAKE PROHIBITED BY SUBSECTION (1) OF THIS SECTION,3
IF THE PUBLICATION CLEARLY STATES THAT THE COMMUNICATION THAT4
INCLUDES THE DEEPFAKE DOES NOT ACCURATELY REPRESENT A5
CANDIDATE FOR ELECTIVE OFFICE; AND6
(e) T
HIS SECTION DOES NOT APPLY TO MEDIA CONTENT THAT7
CONSTITUTES SATIRE OR PARODY OR THE PRODUCTION OF WHICH IS8
SUBSTANTIALLY DEPENDENT ON THE ABILITY OF AN INDIVIDUAL TO9
PHYSICALLY OR VERBALLY IMPERSONATE THE CANDIDATE AND NOT UPON10
GENERATIVE AI OR OTHER TECHNICAL MEANS.11
(4) T
HE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES ,12
IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, AS MAY BE NECESSARY TO13
ADMINISTER AND ENFORCE ANY PROVISION OF THIS ARTICLE 46.14
1-46-104. Enforcement - administrative hearing. A
NY PERSON15
WHO BELIEVES THAT A VIOLATION OF SECTION 1-46-103, OR THE16
SECRETARY OF STATE'S RULES CONCERNING THE USE OF A DEEPFAKE IN A17
COMMUNICATION CONCERNING A CANDIDATE FOR ELECTIVE OFFICE , HAS18
OCCURRED MAY FILE A WRITTEN COMPLAINT WITH THE OFFICE IN19
ACCORDANCE WITH SECTION 1-45-111.7 (2). SUCH COMPLAINT SHALL BE20
REVIEWED AND ADJUDICATED IN ACCORDANCE WITH SECTION 1-45-111.721
AND THE SECRETARY OF STATE 'S RULES FOR COMPLAINTS AND22
ADMINISTRATIVE HEARINGS PURSUANT TO ARTICLE 45 OF THIS TITLE 1.23
1-46-105. Civil action - injunctive relief - damages. (1) A24
CANDIDATE WHOSE APPEARANCE , ACTION, OR SPEECH IS DEPICTED IN A25
DEEPFAKE THAT IS INCLUDED IN A COMMUNICATION DISTRIBUTED IN26
VIOLATION OF SECTION 1-46-103 MAY:27
HB24-1147
-9- (a) SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF PROHIBITING1
THE DISTRIBUTION, DISSEMINATION, PUBLICATION, BROADCAST,2
TRANSMISSION, OR DISPLAY OF THE COMMUNICATION ; AND3
(b) B
RING AN ACTION FOR GENERAL OR SPECIAL DAMAGES4
AGAINST THE PERSON THAT DISTRIBUTED , DISSEMINATED, PUBLISHED,5
BROADCAST, TRANSMITTED, OR DISPLAYED THE COMMUNICATION .6
(2) A
N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OF7
THIS SECTION MUST BE HEARD BY THE DISTRICT COURT AT THE EARLIEST8
PRACTICAL TIME.9
(3) A
N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OR10
(1)(b)
OF THIS SECTION DOES NOT LIMIT OR PRECLUDE A PLAINTIFF FROM11
SECURING OR RECOVERING ANY OTHER AVAILABLE REMEDY .12
(4) I
N ANY CIVIL ACTION ALLEGING A VIOLATION OF SECTION13
1-46-103,
THE PLAINTIFF BEARS THE BURDEN OF ESTABLISHING THE14
VIOLATION BY CLEAR AND CONVINCING EVIDENCE .15
SECTION 4. Effective date - applicability. This act takes effect16
July 1, 2024, and applies to communications distributed on or after said17
date.18
SECTION 5. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
HB24-1147
-10-