Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 8, 2024
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
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
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;
20
(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
1147
-4- (e) A DEEPFAKE IS ANALOGOUS TO A PERSON BEING FORCED TO1
SAY SOMETHING IN A VIDEO RECORDED UNDER DURESS , WHERE THE VICTIM2
APPEARS TO SAY SOMETHING THEY WOULD NOT NORMALLY SAY , ONE3
THROUGH FORCE AND THE OTHER THROUGH DEEPFAKE TECHNOLOGY . A4
VOTER'S OPINION OF A CANDIDATE MAY BE IRREPARABLY TAINTED BY A5
FABRICATED REPRESENTATION OF A CANDIDATE OR ELECTED OFFICIAL6
SAYING OR DOING SOMETHING THEY DID NOT SAY OR DO . THESE FALSE,7
NEGATIVE PORTRAYALS MAY EXIST INDEFINITELY ONCE POSTED ON THE8
INTERNET AND PERMANENTLY DAMAGE A CANDIDATE OR ELECTED9
OFFICIAL'S REPUTATION AND EVEN PUT THEIR SAFETY AT RISK .10
(f) THESE TACTICS COULD GIVE RISE TO VOTER CONFUSION AND11
DEGRADE CONFIDENCE IN THE ELECTORAL PROCESS. ACCORDINGLY, THE12
STATE MUST CONTINUE TO WORK HARD TO LIMIT THE THREATS AND13
IMPACTS OF DEEPFAKES ON VOTERS. THIS LEGISLATION IS A SMALL STEP14
TOWARDS SOLVING A LARGER PROBLEM OF THE PROLIFERATION OF15
GENERATIVE ARTIFICIAL INTELLIGENCE IN OUR ELECTIONS AND BEYOND .16
(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT17
TECHNOLOGY EXISTS THAT COULD BE USED TO TRACK THE ORIGINS AND18
VERSIONS OF DEEPFAKES THROUGH THE USE OF CRYPTOGRAPHIC19
SIGNATURES, METADATA, AND FILE HASHES PUBLISHED TO A PUBLICLY20
AVAILABLE DISTRIBUTED LEDGER OR DATABASE . ALTHOUGH THIS21
TECHNOLOGY IS NOT FULLY AVAILABLE FOR CURRENT USE IN TRACKING22
DEEPFAKES, IT MAY BE AVAILABLE TO AID IN TRACKING DEEPFAKES IN THE23
FUTURE.24
1-46-102. Definitions. A
S USED IN THIS ARTICLE 46, UNLESS THE25
CONTEXT OTHERWISE REQUIRES :26
(1) (a) "AI-
GENERATED CONTENT" MEANS IMAGE, VIDEO, AUDIO,27
1147
-5- MULTIMEDIA, OR TEXT CONTENT THAT IS SUBSTANTIALLY CREATED OR1
MODIFIED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH THAT THE USE2
OF GENERATIVE ARTIFICIAL INTELLIGENCE ALTERS THE MEANING OR3
SIGNIFICANCE THAT A REASONABLE PERSON WOULD TAKE AWAY FROM THE4
CONTENT.5
(b) "AI-
GENERATED CONTENT" DOES NOT INCLUDE IMAGE, VIDEO,6
AUDIO, MULTIMEDIA, OR TEXT CONTENT THAT IS MINIMALLY EDITED ,7
ADJUSTED, OR ENHANCED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH8
THAT THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE DOES NOT9
MATERIALLY ALTER THE MEANING OR SIGNIFICANCE THAT A REASONABLE10
PERSON WOULD TAKE AWAY FROM THE CONTENT .11
(2) (a) "C
ANDIDATE" HAS THE SAME MEANING AS SET FORTH IN12
SECTION 2 (2) OF ARTICLE XXVIII OF THE STATE CONSTITUTION; EXCEPT13
THAT, "CANDIDATE" ALSO INCLUDES ANY PERSON WHO SEEKS NOMINATION14
OR ELECTION TO ANY FEDERAL PUBLIC OFFICE IN THIS STATE .15
(b) F
OR PURPOSES OF THIS ARTICLE 46, "CANDIDATE" ALSO16
INCLUDES AN INCUMBENT OR CURRENT OFFICE HOLDER .17
(3) "D
EEPFAKE" MEANS AN IMAGE, VIDEO, AUDIO, OR MULTIMEDIA18
AI-
GENERATED CONTENT THAT FALSELY APPEARS TO BE AUTHENTIC OR19
TRUTHFUL AND WHICH FEATURES A DEPICTION OF AN INDIVIDUAL20
APPEARING TO SAY OR DO SOMETHING THE INDIVIDUAL DID NOT SAY OR
21
DO.22
(4) "G
ENERATIVE ARTIFICIAL INTELLIGENCE" OR "GENERATIVE AI"23
MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF GENERATING24
NOVEL IMAGE, VIDEO, AUDIO, MULTIMEDIA, OR TEXT CONTENT BASED ON25
PROMPTS OR OTHER FORMS OF DATA PROVIDED BY A PERSON .26
(5) "M
ETADATA" MEANS STRUCTURAL OR DESCRIPTIVE27
1147
-6- INFORMATION ABOUT DATA SUCH AS CONTENT , FORMAT, SOURCE, RIGHTS,1
ACCURACY, PROVENANCE, PERIODICITY, GRANULARITY, PUBLISHER OR2
RESPONSIBLE PARTY, CONTACT INFORMATION, METHOD OF COLLECTION,3
AND OTHER DESCRIPTIONS.4
(6) "O
FFICE" MEANS THE OFFICE OF THE SECRETARY OF STATE, OR5
THE SECTION OR DIVISION OF THE OFFICE OF THE SECRETARY OF STATE6
ADMINISTERING THE ELECTION LAWS OF THIS STATE PURSUANT TO SECTION7
1-1-107
(4).8
(7) "P
ERSON" HAS THE SAME MEANING AS SET FORTH IN SECTION9
1-13-109
(3).10
1-46-103. Use of deepfakes in a communication concerning a11
candidate for elective office - disclosure requirements - limitations -12
rules. (1) E
XCEPT AS PROVIDED IN SUBSECTIONS (2) AND (3) OF THIS13
SECTION, NO PERSON SHALL DISTRIBUTE , DISSEMINATE, PUBLISH,14
BROADCAST, TRANSMIT, OR DISPLAY A COMMUNICATION CONCERNING A15
CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A DEEPFAKE WITH16
ACTUAL MALICE AS TO THE FALSITY OR DECEPTIVENESS OF THE17
COMMUNICATION.18
(2) (a) T
HE PROHIBITION IN SUBSECTION (1) OF THIS SECTION DOES19
NOT APPLY TO A COMMUNICATION THAT INCLUDES A DISCLOSURE STATING ,20
IN A CLEAR AND CONSPICUOUS MANNER , THAT: "THIS21
(
IMAGE/AUDIO/VIDEO/MULTIMEDIA)
HAS BEEN EDITED AND DEPICTS22
SPEECH OR CONDUCT THAT FALSELY APPEARS TO BE AUTHENTIC OR23
TRUTHFUL."24
(b) A
DISCLOSURE REQUIRED UNDER THIS SECTION IS CONSIDERED25
TO BE MADE IN A CLEAR AND CONSPICUOUS MANNER IF THE DISCLOSURE26
MEETS THE FOLLOWING REQUIREMENTS :27
1147
-7- (I) IN A VISUAL COMMUNICATION , THE TEXT OF THE DISCLOSURE1
STATEMENT APPEARS IN A FONT SIZE NO SMALLER THAN THE LARGEST2
FONT SIZE OF OTHER TEXT APPEARING IN THE VISUAL COMMUNICATION . IF3
THE VISUAL COMMUNICATION DOES NOT INCLUDE ANY OTHER TEXT , THE4
DISCLOSURE STATEMENT APPEARS IN A FONT SIZE THAT IS EASILY5
READABLE BY THE AVERAGE VIEWER .6
(II) I
N AN AUDIO COMMUNICATION , THE DISCLOSURE STATEMENT7 SHALL BE READ IN A CLEARLY SPOKEN MANNER IN THE SAME PITCH ,8
SPEED, LANGUAGE, AND VOLUME AS THE MAJORITY OF THE AUDIO9
COMMUNICATION, AT THE BEGINNING OF THE AUDIO COMMUNICATION , AT10
THE END OF THE AUDIO COMMUNICATION , AND, IF THE AUDIO11
COMMUNICATION IS GREATER THAN TWO MINUTES IN LENGTH ,12
INTERSPERSED WITHIN THE AUDIO COMMUNICATION AT INTERVALS OF NOT13
MORE THAN ONE MINUTE EACH;14
15
(III) THE METADATA OF THE COMMUNICATION INCLUDES THE16
DISCLOSURE STATEMENT, THE IDENTITY OF THE TOOL USED TO CREATE THE17
DEEPFAKE, AND THE DATE AND TIME THE DEEPFAKE WAS CREATED ;18
(IV) THE DISCLOSURE STATEMENT IN THE COMMUNICATION ,19
INCLUDING THE DISCLOSURE STATEMENT IN ANY METADATA , IS, TO THE20
EXTENT TECHNICALLY FEASIBLE , PERMANENT OR UNABLE TO BE EASILY21
REMOVED BY A SUBSEQUENT USER ; 22
(V) THE COMMUNICATION COMPLIES WITH ANY ADDITIONAL23
REQUIREMENTS FOR THE DISCLOSURE STATEMENT THAT THE SECRETARY24
OF STATE MAY ADOPT BY RULE TO ENSURE THAT THE DISCLOSURE25
STATEMENT IS PRESENTED IN A CLEAR AND CONSPICUOUS AND26
UNDERSTANDABLE MANNER; AND27
1147
-8- (VI) IN A BROADCAST OR ONLINE VISUAL OR AUDIO1
COMMUNICATION THAT INCLUDES A STATEMENT REQUIRED BY2
SUBSECTION (2) OF THIS SECTION, THE STATEMENT SATISFIES ALL3
APPLICABLE REQUIREMENTS, IF ANY, PROMULGATED BY THE FEDERAL4
COMMUNICATIONS COMMISSION FOR SIZE , DURATION, AND PLACEMENT.5
(3) T
HIS SECTION IS SUBJECT TO THE FOLLOWING LIMITATIONS :6
(a) T
HIS SECTION DOES NOT ALTER OR NEGATE ANY RIGHTS ,7
OBLIGATIONS, OR IMMUNITIES OF AN INTERACTIVE SERVICE PROVIDER IN8
ACCORDANCE WITH 47 U.S.C. SEC. 230, AS AMENDED, AND SHALL9
OTHERWISE BE CONSTRUED IN A MANNER CONSISTENT WITH FEDERAL LAW ;10
(b) T
HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION11
BROADCASTING STATION, INCLUDING A CABLE OR SATELLITE TELEVISION12
OPERATOR, PROGRAMMER , OR PRODUCER THAT BROADCASTS A13
COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY14
SUBSECTION (1) OF THIS SECTION AS PART OF A BONA FIDE NEWSCAST ,15
NEWS INTERVIEW, NEWS DOCUMENTARY , OR ON-THE-SPOT COVERAGE OF16
A BONA FIDE NEWS EVENT, IF THE BROADCAST OR PUBLICATION CLEARLY17
ACKNOWLEDGES THROUGH CONTENT OR A DISCLOSURE , IN A MANNER18
THAT CAN BE EASILY HEARD AND UNDERSTOOD OR READ BY THE AVERAGE19
LISTENER OR VIEWER , THAT THERE ARE QUESTIONS ABOUT THE20
AUTHENTICITY OF THE DEEPFAKE IN THE COMMUNICATION ;21
(c) T
HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION22
BROADCASTING STATION, INCLUDING A CABLE OR SATELLITE TELEVISION23
OPERATOR, PROGRAMMER,
PRODUCER, OR STREAMING SERVICE, WHEN THE24
STATION IS PAID TO BROADCAST A COMMUNICATION THAT INCLUDES A25
DEEPFAKE;26
(d) T
HIS SECTION DOES NOT APPLY TO AN INTERNET WEBSITE , OR27
1147
-9- A REGULARLY PUBLISHED NEWSPAPER , MAGAZINE, OR OTHER PERIODICAL1
OF GENERAL CIRCULATION , INCLUDING AN INTERNET OR ELECTRONIC2
PUBLICATION OR STREAMING SERVICE, THAT ROUTINELY CARRIES NEWS3
AND COMMENTARY OF GENERAL INTEREST AND THAT PUBLISHES A4
COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY5
SUBSECTION (1) OF THIS SECTION, IF THE PUBLICATION CLEARLY STATES6
THAT THE COMMUNICATION THAT INCLUDES THE DEEPFAKE DOES NOT7
ACCURATELY REPRESENT A CANDIDATE FOR ELECTIVE OFFICE ; AND8
(e) T
HIS SECTION DOES NOT APPLY TO MEDIA CONTENT THAT9
CONSTITUTES SATIRE OR PARODY OR THE PRODUCTION OF WHICH IS10
SUBSTANTIALLY DEPENDENT ON THE ABILITY OF AN INDIVIDUAL TO11
PHYSICALLY OR VERBALLY IMPERSONATE THE CANDIDATE AND NOT UPON12
GENERATIVE AI OR OTHER TECHNICAL MEANS.13
(4) T
HE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES ,14
IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, AS MAY BE NECESSARY TO15
ADMINISTER AND ENFORCE ANY PROVISION OF THIS ARTICLE 46.16
1-46-104. Enforcement - administrative hearing. A
NY PERSON17
WHO BELIEVES THAT A VIOLATION OF SECTION 1-46-103, OR THE18
SECRETARY OF STATE'S RULES CONCERNING THE USE OF A DEEPFAKE IN A19
COMMUNICATION CONCERNING A CANDIDATE FOR ELECTIVE OFFICE , HAS20
OCCURRED MAY FILE A WRITTEN COMPLAINT WITH THE OFFICE IN21
ACCORDANCE WITH SECTION 1-45-111.7 (2). SUCH COMPLAINT SHALL BE22
REVIEWED AND ADJUDICATED IN ACCORDANCE WITH SECTION 1-45-111.723
AND THE SECRETARY OF STATE 'S RULES FOR COMPLAINTS AND24
ADMINISTRATIVE HEARINGS PURSUANT TO ARTICLE 45 OF THIS TITLE 1.25
1-46-105. Civil action - injunctive relief - damages. (1) A26
CANDIDATE WHOSE APPEARANCE , ACTION, OR SPEECH IS DEPICTED IN A27
1147
-10- DEEPFAKE THAT IS INCLUDED IN A COMMUNICATION DISTRIBUTED IN1
VIOLATION OF SECTION 1-46-103 MAY:2
(a) S
EEK INJUNCTIVE OR OTHER EQUITABLE RELIEF PROHIBITING3
THE DISTRIBUTION, DISSEMINATION, PUBLICATION, BROADCAST,4
TRANSMISSION, OR DISPLAY OF THE
COMMUNICATION, AND PREVENTING5
THE DEFENDANT FROM OTHERWISE FURTHER VIOLATING THIS ARTICLE 46;6
(b) B
RING AN ACTION FOR
COMPENSATORY AND PUNITIVE7
DAMAGES AGAINST THE PERSON THAT DISTRIBUTED , DISSEMINATED,8
PUBLISHED, BROADCAST , TRANSMITTED , OR DISPLAYED THE9
COMMUNICATION;10
(c) SEEK REASONABLE ATTORNEY FEES, FILING FEES, AND COSTS11
OF ACTION; AND12
(d) SEEK ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY13
TO ENFORCE THIS ARTICLE 46 AND REMEDY THE HARM CAUSED BY THE14
VIOLATION OF SECTION 1-46-103.15
(2) A
N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OF16
THIS SECTION MUST BE HEARD BY THE DISTRICT COURT AT THE EARLIEST17
PRACTICAL TIME.18
(3) A
N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OR19
(1)(b)
OF THIS SECTION DOES NOT LIMIT OR PRECLUDE A PLAINTIFF FROM20
SECURING OR RECOVERING ANY OTHER AVAILABLE
REMEDY, OR FROM21
SEEKING TO INSTITUTE A CRIMINAL ACTION AGAINST THE DEFENDANT .22
(4) I
N ANY CIVIL ACTION ALLEGING A VIOLATION OF SECTION23
1-46-103,
THE PLAINTIFF BEARS THE BURDEN OF ESTABLISHING THE24
VIOLATION BY CLEAR AND CONVINCING EVIDENCE .25
1-46-106. Limitation. (1) NOTHING IN THIS ARTICLE 46 LIMITS OR26
IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL , OR ANY27
1147
-11- PERSON OR ENTITY, TO PURSUE A LEGAL ACTION AGAINST A PERSON IN1
CONNECTION WITH A DEEPFAKE PURSUANT TO ANY OTHER LAW, CAUSE OF2
ACTION, TORT THEORY, OR OTHER AUTHORITY. 3
(2) NOTHING IN THIS ARTICLE 46, EXEMPTS A PERSON WHO4
KNOWINGLY OR RECKLESSLY DISTRIBUTES, DISSEMINATES, PUBLISHES,5
BROADCASTS, TRANSMITS, OR DISPLAYS A COMMUNICATION CONCERNING6
A CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A FALSE STATEMENT7
THROUGH A DEEPFAKE FROM CRIMINAL LIABILITY IN ACCORDANCE WITH8
SECTION 1-13-109, OR ANY OTHER APPLICABLE PROVISION OF LAW .9
SECTION 4. Effective date - applicability. This act takes effect10
July 1, 2024, and applies to communications distributed on or after said11
date.12
SECTION 5. Safety clause. The general assembly finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety or for appropriations for15
the support and maintenance of the departments of the state and state16
institutions.17
1147
-12-