Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0168.04 Alison Killen x4350
HOUSE BILL 24-1147
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs State, Veterans, & Military 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
SENATE
Amended 2nd Reading
April 23, 2024
HOUSE
3rd Reading Unamended
March 11, 2024
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, Boesenecker, Herod, Jodeh, Mauro,
McCormick, Ortiz, Ricks, Story
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; AND
15
16
(c) A DEEPFAKE IS ANALOGOUS TO A PERSON BEING FORCED TO17
SAY SOMETHING IN A VIDEO RECORDED UNDER DURESS , WHERE THE VICTIM18
APPEARS TO SAY SOMETHING THEY WOULD NOT NORMALLY SAY , ONE19
THROUGH FORCE AND THE OTHER THROUGH DEEPFAKE TECHNOLOGY . A20
VOTER'S OPINION OF A CANDIDATE MAY BE IRREPARABLY TAINTED BY A21
FABRICATED REPRESENTATION OF A CANDIDATE OR ELECTED OFFICIAL22
SAYING OR DOING SOMETHING THEY DID NOT SAY OR DO. THESE FALSE,23
NEGATIVE PORTRAYALS MAY EXIST INDEFINITELY ONCE POSTED ON THE24
INTERNET AND PERMANENTLY DAMAGE A CANDIDATE OR ELECTED25
OFFICIAL'S REPUTATION AND EVEN PUT THEIR SAFETY AT RISK .26
27
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
24
DO.25
(4) "G
ENERATIVE ARTIFICIAL INTELLIGENCE" OR "GENERATIVE AI"26
MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF GENERATING27
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
TO AN19
AUDIENCE THAT INCLUDES MEMBERS OF THE ELECTORATE FOR THE20
ELECTIVE OFFICE TO BE REPRESENTED BY THE CANDIDATE EITHER SIXTY21
DAYS BEFORE A PRIMARY ELECTION OR NINETY DAYS BEFORE A GENERAL22
ELECTION, IF THE PERSON KNOWS OR HAS RECKLESS DISREGARD FOR THE23
FACT THAT THE DEPICTED CANDIDATE DID NOT SAY OR DO WHAT THE24
CANDIDATE IS DEPICTED AS SAYING OR DOING IN THE COMMUNICATION .25
(2) (a) T
HE PROHIBITION IN SUBSECTION (1) OF THIS SECTION DOES26
NOT APPLY TO A COMMUNICATION THAT INCLUDES A DISCLOSURE STATING ,27
1147
-6- IN A CLEAR AND CONSPICUOUS MANNER , THAT: "THIS1
(
IMAGE/AUDIO/VIDEO/MULTIMEDIA)
HAS BEEN EDITED AND DEPICTS2
SPEECH OR CONDUCT THAT FALSELY APPEARS TO BE AUTHENTIC OR3
TRUTHFUL."4
(b) A
DISCLOSURE REQUIRED UNDER THIS SECTION IS CONSIDERED5
TO BE MADE IN A CLEAR AND CONSPICUOUS MANNER IF THE DISCLOSURE6
MEETS THE FOLLOWING REQUIREMENTS :7
(I) I
N A VISUAL COMMUNICATION , THE TEXT OF THE DISCLOSURE8
STATEMENT APPEARS IN A FONT SIZE NO SMALLER THAN THE LARGEST9
FONT SIZE OF OTHER TEXT APPEARING IN THE VISUAL COMMUNICATION . IF10
THE VISUAL COMMUNICATION DOES NOT INCLUDE ANY OTHER TEXT , THE11
DISCLOSURE STATEMENT APPEARS IN A FONT SIZE THAT IS EASILY12
READABLE BY THE AVERAGE VIEWER .13
(II) I
N AN AUDIO COMMUNICATION , THE DISCLOSURE STATEMENT14
SHALL BE READ IN A CLEARLY SPOKEN MANNER IN THE SAME PITCH,15
SPEED, LANGUAGE, AND VOLUME AS THE MAJORITY OF THE AUDIO16
COMMUNICATION, AT THE BEGINNING OF THE AUDIO COMMUNICATION , AT17
THE END OF THE AUDIO COMMUNICATION , AND, IF THE AUDIO18
COMMUNICATION IS GREATER THAN TWO MINUTES IN LENGTH ,19
INTERSPERSED WITHIN THE AUDIO COMMUNICATION AT INTERVALS OF NOT20
MORE THAN ONE MINUTE EACH;21
22
(III) THE METADATA OF THE COMMUNICATION INCLUDES THE23
DISCLOSURE STATEMENT, THE IDENTITY OF THE TOOL USED TO CREATE THE24
DEEPFAKE, AND THE DATE AND TIME THE DEEPFAKE WAS CREATED ;25
(IV) THE DISCLOSURE STATEMENT IN THE COMMUNICATION ,26
INCLUDING THE DISCLOSURE STATEMENT IN ANY METADATA , IS, TO THE27
1147
-7- EXTENT TECHNICALLY FEASIBLE , PERMANENT OR UNABLE TO BE EASILY1
REMOVED BY A SUBSEQUENT USER ; 2
(V) THE COMMUNICATION COMPLIES WITH ANY ADDITIONAL3
REQUIREMENTS FOR THE DISCLOSURE STATEMENT THAT THE SECRETARY4
OF STATE MAY ADOPT BY RULE TO ENSURE THAT THE DISCLOSURE5
STATEMENT IS PRESENTED IN A CLEAR AND CONSPICUOUS AND6
UNDERSTANDABLE MANNER; AND7
(VI) IN A BROADCAST OR ONLINE VISUAL OR AUDIO8
COMMUNICATION THAT INCLUDES A STATEMENT REQUIRED BY9
SUBSECTION (2) OF THIS SECTION, THE STATEMENT SATISFIES ALL10
APPLICABLE REQUIREMENTS, IF ANY, PROMULGATED BY THE FEDERAL11
COMMUNICATIONS COMMISSION FOR SIZE , DURATION, AND PLACEMENT.12
(3) T
HIS SECTION IS SUBJECT TO THE FOLLOWING LIMITATIONS :13
(a) T
HIS SECTION DOES NOT ALTER OR NEGATE ANY RIGHTS ,14
OBLIGATIONS, OR IMMUNITIES OF AN INTERACTIVE COMPUTER SERVICE
IN15
ACCORDANCE WITH 47 U.S.C. SEC. 230, AS AMENDED, AND SHALL16
OTHERWISE BE CONSTRUED IN A MANNER CONSISTENT WITH FEDERAL LAW ;17
(b) T
HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION18
BROADCASTING STATION, INCLUDING A CABLE OR SATELLITE TELEVISION19
OPERATOR, PROGRAMMER , OR PRODUCER THAT BROADCASTS A20
COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY21
SUBSECTION (1) OF THIS SECTION AS PART OF A BONA FIDE NEWSCAST ,22
NEWS INTERVIEW, NEWS DOCUMENTARY , OR ON-THE-SPOT COVERAGE OF23
A BONA FIDE NEWS EVENT, IF THE BROADCAST OR PUBLICATION CLEARLY24
ACKNOWLEDGES THROUGH CONTENT OR A DISCLOSURE , IN A MANNER25
THAT CAN BE EASILY HEARD AND UNDERSTOOD OR READ BY THE AVERAGE26
LISTENER OR VIEWER , THAT THERE ARE QUESTIONS ABOUT THE27
1147
-8- AUTHENTICITY OF THE DEEPFAKE IN THE COMMUNICATION ;1
(c) T
HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION2
BROADCASTING STATION, INCLUDING A CABLE OR SATELLITE TELEVISION3
OPERATOR, PROGRAMMER,
PRODUCER, OR STREAMING SERVICE, WHEN THE4
STATION IS PAID TO BROADCAST A COMMUNICATION THAT INCLUDES A5
DEEPFAKE;6
(d) T
HIS SECTION DOES NOT APPLY TO AN INTERNET WEBSITE , OR7
A REGULARLY PUBLISHED NEWSPAPER , MAGAZINE, OR OTHER PERIODICAL8
OF GENERAL CIRCULATION , INCLUDING AN INTERNET OR ELECTRONIC9 PUBLICATION OR STREAMING SERVICE, THAT ROUTINELY CARRIES NEWS10
AND COMMENTARY OF GENERAL INTEREST AND THAT PUBLISHES A11
COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY12
SUBSECTION (1) OF THIS SECTION, IF THE PUBLICATION CLEARLY STATES13
THAT THE COMMUNICATION THAT INCLUDES THE DEEPFAKE DOES NOT14
ACCURATELY REPRESENT A CANDIDATE FOR ELECTIVE OFFICE ; 15
(e) T
HIS SECTION DOES NOT APPLY TO MEDIA CONTENT THAT16
CONSTITUTES SATIRE OR PARODY OR THE PRODUCTION OF WHICH IS17
SUBSTANTIALLY DEPENDENT ON THE ABILITY OF AN INDIVIDUAL TO18
PHYSICALLY OR VERBALLY IMPERSONATE THE CANDIDATE AND NOT UPON19
GENERATIVE AI OR OTHER TECHNICAL MEANS;
20
(f) T
HIS SECTION DOES NOT APPLY TO THE PROVIDER OF
21
TECHNOLOGY USED IN THE CREATION OF A DEEPFAKE ; AND22
(g) T
HIS SECTION DOES NOT APPLY TO AN INTERACTIVE COMPUTER
23
SERVICE, AS DEFINED IN 47 U.S.C. SEC. 230 (f)(2), FOR ANY CONTENT24
PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER AS DEFINED IN25
47
U.S.C. SEC. 230 (f)(3).
26
(4) T
HE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES ,27
1147
-9- IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, AS MAY BE NECESSARY TO1
ADMINISTER AND ENFORCE ANY PROVISION OF THIS ARTICLE 46.2
1-46-104. Enforcement - administrative hearing. A
NY PERSON3
WHO BELIEVES THAT A VIOLATION OF SECTION 1-46-103, OR THE4
SECRETARY OF STATE'S RULES CONCERNING THE USE OF A DEEPFAKE IN A5
COMMUNICATION CONCERNING A CANDIDATE FOR ELECTIVE OFFICE , HAS6
OCCURRED MAY FILE A WRITTEN COMPLAINT WITH THE OFFICE IN7
ACCORDANCE WITH SECTION 1-45-111.7 (2). SUCH COMPLAINT SHALL BE8
REVIEWED AND ADJUDICATED IN ACCORDANCE WITH SECTION 1-45-111.79
AND THE SECRETARY OF STATE 'S RULES FOR COMPLAINTS AND10
ADMINISTRATIVE HEARINGS PURSUANT TO ARTICLE 45 OF THIS TITLE 1.11
1-46-105. Civil action - injunctive relief - damages. (1) A12
CANDIDATE WHOSE APPEARANCE , ACTION, OR SPEECH IS DEPICTED IN A13
DEEPFAKE THAT IS INCLUDED IN A COMMUNICATION DISTRIBUTED IN14
VIOLATION OF SECTION 1-46-103 MAY:15
(a) S
EEK INJUNCTIVE OR OTHER EQUITABLE RELIEF PROHIBITING16
THE DISTRIBUTION, DISSEMINATION, PUBLICATION, BROADCAST,17
TRANSMISSION, OR DISPLAY OF THE
COMMUNICATION, AND PREVENTING18
THE DEFENDANT FROM OTHERWISE FURTHER VIOLATING THIS ARTICLE 46;19
(b) B
RING AN ACTION FOR
COMPENSATORY AND PUNITIVE20
DAMAGES AGAINST THE PERSON THAT DISTRIBUTED , DISSEMINATED,21
PUBLISHED, BROADCAST , TRANSMITTED , OR DISPLAYED THE22
COMMUNICATION;23
(c) SEEK REASONABLE ATTORNEY FEES , FILING FEES, AND COSTS24
OF ACTION; AND25
(d) SEEK ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY26
TO ENFORCE THIS ARTICLE 46 AND REMEDY THE HARM CAUSED BY THE27
1147
-10- VIOLATION OF SECTION 1-46-103.1
(2) A
N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OF2
THIS SECTION MUST BE HEARD BY THE DISTRICT COURT AT THE EARLIEST3
PRACTICAL TIME.4
(3) A
N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OR5
(1)(b)
OF THIS SECTION DOES NOT LIMIT OR PRECLUDE A PLAINTIFF FROM6
SECURING OR RECOVERING ANY OTHER AVAILABLE
REMEDY, OR FROM7
SEEKING TO INSTITUTE A CRIMINAL ACTION AGAINST THE DEFENDANT .8
(4) I
N ANY CIVIL ACTION ALLEGING A VIOLATION OF SECTION9
1-46-103,
THE PLAINTIFF BEARS THE BURDEN OF ESTABLISHING THE10
VIOLATION BY CLEAR AND CONVINCING EVIDENCE .11
1-46-106. Limitation. (1) NOTHING IN THIS ARTICLE 46 LIMITS OR12
IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL, OR ANY13
PERSON OR ENTITY, TO PURSUE A LEGAL ACTION AGAINST A PERSON IN14
CONNECTION WITH A DEEPFAKE PURSUANT TO ANY OTHER LAW, CAUSE OF15
ACTION, TORT THEORY, OR OTHER AUTHORITY. 16
(2) NOTHING IN THIS ARTICLE 46, EXEMPTS A PERSON WHO17
KNOWINGLY OR RECKLESSLY DISTRIBUTES, DISSEMINATES, PUBLISHES,18
BROADCASTS, TRANSMITS, OR DISPLAYS A COMMUNICATION CONCERNING19
A CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A FALSE STATEMENT20
THROUGH A DEEPFAKE FROM CRIMINAL LIABILITY IN ACCORDANCE WITH21
SECTION 1-13-109, OR ANY OTHER APPLICABLE PROVISION OF LAW .22
SECTION 4. Effective date - applicability. This act takes effect23
July 1, 2024, and applies to communications distributed on or after said24
date.25
SECTION 5. Safety clause. The general assembly finds,26
determines, and declares that this act is necessary for the immediate27
1147
-11- preservation of the public peace, health, or safety or for appropriations for1
the support and maintenance of the departments of the state and state2
institutions.3
1147
-12-