Colorado 2024 Regular Session

Colorado House Bill HB1147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0168.04 Alison Killen x4350
1	8		HOUSE BILL 24-1147
2		-	BY REPRESENTATIVE(S) Joseph and Titone, Bacon, Brown, Clifford,
3		-	Garcia, Hernandez, Kipp, Lindsay, Lindstedt, Mabrey, Marvin, Rutinel,
4		-	Velasco, Willford, Boesenecker, Herod, Jodeh, Mauro, McCormick, Ortiz,
5		-	Ricks, Story, English;
6		-	also SENATOR(S) Hansen and Buckner, Cutter, Exum, Fields, Kolker,
7		-	Michaelson Jenet, Priola, Winter F.
	9	+	House Committees Senate Committees
	10	+	State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING THE USE OF A DEEPFAKE IN A COMMUNICATION RELATED TO A
10		-	CANDIDATE FOR ELECTIVE OFFICE
11		-	, AND, IN CONNECTION THEREWITH,
12		-	REQUIRING DISCLOSURE , PROVIDING FOR ENFORCEMENT , AND
13		-	CREATING A PRIVATE CAUSE OF ACTION FOR CANDIDATES
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, 1-45-111.5, add
18		-	(1.5)(c.5) as follows:
19		-	1-45-111.5. Duties of the secretary of state - enforcement -
	13	+	ONCERNING THE USE OF A DEEPFA KE IN A COMMUNICATION RELATED101
	14	+	TO A CANDIDATE FOR ELECTIVE OFFICE , AND, IN CONNECTION102
	15	+	THEREWITH, REQUIRING DISCLOSURE , PROVIDING FOR103
	16	+	ENFORCEMENT, AND CREATING A PRIVATE CAUSE OF ACTION104
	17	+	FOR CANDIDATES.105
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill creates a statutory scheme to regulate the use of deepfakes
	26	+	produced using generative artificial intelligence (AI) in communications
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	April 24, 2024
	30	+	SENATE
	31	+	Amended 2nd Reading
	32	+	April 23, 2024
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	March 11, 2024
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	March 8, 2024
	39	+	HOUSE SPONSORSHIP
	40	+	Joseph and Titone, Bacon, Brown, Clifford, Garcia, Hernandez, Kipp, Lindsay, Lindstedt,
	41	+	Mabrey, Marvin, Rutinel, Velasco, Willford, Boesenecker, Herod, Jodeh, Mauro,
	42	+	McCormick, Ortiz, Ricks, Story
	43	+	SENATE SPONSORSHIP
	44	+	Hansen and Buckner, Cutter, Exum, Fields, Kolker, Michaelson Jenet, Priola, Winter F.
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. about candidates for elective office. Sections 1 and 2 of the bill expand
	48	+	the existing authority of an administrative hearing officer under the "Fair
	49	+	Campaign Practices Act" (act) to impose civil penalties for distribution
	50	+	of a communication that includes a deepfake related to a candidate for
	51	+	elective office in violation of the provisions of section 3.
	52	+	Section 3 prohibits the distribution of a communication that
	53	+	includes an undisclosed deepfake with actual malice as to the
	54	+	deceptiveness or falsity of the communication related to a candidate for
	55	+	public office. Section 3 also defines "AI", "deepfake", and the
	56	+	requirements for a clear, conspicuous, and understandable disclosure
	57	+	statement regarding a deepfake that are necessary to avoid a violation of
	58	+	the new prohibition. In addition to meeting the specific statutory
	59	+	requirements for a clear and conspicuous disclosure statement, the
	60	+	disclosure statement must be included in the communication's metadata
	61	+	and, to the extent technically feasible, must be permanent or unable to be
	62	+	easily removed by subsequent users. The disclosure statement must also
	63	+	conform to any subsequent requirements established by the secretary of
	64	+	state through rulemaking.
	65	+	Any person who believes there has been a violation of the statutory
	66	+	or regulatory requirements for disclosure of the use of a deepfake in a
	67	+	communication concerning a candidate for elective office may file a
	68	+	complaint with the office of the secretary of state (secretary). The
	69	+	secretary shall hear such complaints in accordance with the secretary's
	70	+	existing complaint and administrative hearing procedures under the act,
	71	+	and punish such complaints in accordance with sections 1 and 2.
	72	+	Additionally, a candidate who is the subject of a communication
	73	+	that includes a deepfake and does not comply with the disclosure
	74	+	requirements may bring a civil action for injunction or for general or
	75	+	special damages or both. In either type of action, the plaintiff-candidate
	76	+	must prove the defendant's actual malice as to the falsity or deceptiveness
	77	+	of the communication that includes the deepfake by clear and convincing
	78	+	evidence, consistent with established case law principles related to the
	79	+	right of free speech.
	80	+	Be it enacted by the General Assembly of the State of Colorado:1
	81	+	SECTION 1. In Colorado Revised Statutes, 1-45-111.5, add2
	82	+	(1.5)(c.5) as follows:3
	83	+	1-45-111.5. Duties of the secretary of state - enforcement -4
20	84		sanctions - definitions. (1.5) (c.5) I
21		-	N ADDITION TO AND WIT HOUT
22		-	PREJUDICE TO ANY OTHER PENALTY AUTHORIZED UNDER THIS ARTICLE
23		-	45,
24		-	A HEARING OFFICER SHALL IMPOSE A CIVIL PENALTY AS FOLLOWS :
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (I) AT LEAST ONE HUNDRED DOLLARS FOR EACH VIOLATION THAT IS
29		-	A FAILURE TO INCLUDE A DISCLOSURE STATEMENT IN ACCORDANCE WITH
30		-	SECTION
31		-	1-46-103 (2), IF THE VIOLATION DOES NOT INVOLVE ANY PAID
32		-	ADVERTISING OR OTHER SPENDING TO PROMOTE OR ATTRACT ATTENTION TO
33		-	A COMMUNICATION PROHIBITED BY SECTION
34		-	1-46-103 (1), OR SUCH OTHER
35		-	HIGHER AMOUNT THAT
36		-	, BASED ON THE DEGREE OF DISTRIBUTION AND PUBLIC
37		-	EXPOSURE TO THE UNLAWFUL COMMUNICATION
38		-	, THE HEARING OFFICER
39		-	DEEMS APPROPRIATE TO DETER FUTURE VIOLATIONS OF SECTION
40		-	1-46-103;
41		-	AND
42		-	(II) AT LEAST TEN PERCENT OF THE AMOUNT PAID OR SPENT TO
43		-	ADVERTISE
44		-	, PROMOTE, OR ATTRACT ATTENTION TO A COMMUNICATION
45		-	PROHIBITED BY SECTION
46		-	1-46-103 (1) THAT DOES NOT INCLUDE A
47		-	DISCLOSURE STATEMENT IN ACCORDANCE WITH SECTION
48		-	1-46-103 (2), OR
49		-	SUCH OTHER HIGHER AMOUNT THAT
50		-	, BASED ON THE DEGREE OF
51		-	DISTRIBUTION AND PUBLIC EXPOSURE TO THE UNLAWFUL COMMUNICATION
52		-	,
53		-	THE HEARING OFFICER DEEMS APPROPRIATE TO DETER FUTURE VIOLATIONS
54		-	OF SECTION
55		-	1-46-103.
56		-	SECTION 2. In Colorado Revised Statutes, 1-45-111.7, amend
57		-	(2)(a) as follows:
58		-	1-45-111.7. Campaign finance complaints - initial review -
59		-	curing violations - investigation and enforcement - hearings - advisory
60		-	opinions - document review - collection of debts resulting from
61		-	campaign finance penalties - definitions. (2) Filing complaints. (a) Any
62		-	person who believes that a violation has occurred of article XXVIII, this
63		-	article 45,
64		-	ARTICLE 46 OF THIS TITLE 1, or the rules may file a complaint with
65		-	the secretary.
66		-	SECTION 3. In Colorado Revised Statutes, add article 46 to title
67		-	1 as follows:
68		-	ARTICLE 46
69		-	Failure To Disclose A Deepfake In A Communication Concerning
70		-	A Candidate For Elective Office
	85	+	N ADDITION TO AND WITHOUT5
	86	+	PREJUDICE TO ANY OTHER PENALTY AUTHORIZED UNDER THIS ARTICLE 45,6
	87	+	1147-2- A HEARING OFFICER SHALL IMPOSE A CIVIL PENALTY AS FOLLOWS :1
	88	+	(I) A
	89	+	T LEAST ONE HUNDRED DOLLARS FOR EACH VIOLATION THAT2
	90	+	IS A FAILURE TO INCLUDE A DISCLOSURE STATEMENT IN ACCORDANCE3
	91	+	WITH SECTION 1-46-103 (2), IF THE VIOLATION DOES NOT INVOLVE ANY4
	92	+	PAID ADVERTISING OR OTHER SPENDING TO PROMOTE OR ATTRACT5
	93	+	ATTENTION TO A COMMUNICATION PROHIBITED BY SECTION 1-46-103 (1),6
	94	+	OR SUCH OTHER HIGHER AMOUNT THAT , BASED ON THE DEGREE OF7
	95	+	DISTRIBUTION AND PUBLIC EXPOSURE TO THE UNLAWFUL8
	96	+	COMMUNICATION, THE HEARING OFFICER DEEMS APPROPRIATE TO DETER9
	97	+	FUTURE VIOLATIONS OF SECTION 1-46-103; AND10
	98	+	(II) A
	99	+	T LEAST TEN PERCENT OF THE AMOUNT PAID OR SPENT TO11
	100	+	ADVERTISE, PROMOTE, OR ATTRACT ATTENTION TO A COMMUNICATION12
	101	+	PROHIBITED BY SECTION 1-46-103 (1) THAT DOES NOT INCLUDE A13
	102	+	DISCLOSURE STATEMENT IN ACCORDANCE WITH SECTION 1-46-103 (2), OR14
	103	+	SUCH OTHER HIGHER AMOUNT THAT , BASED ON THE DEGREE OF15
	104	+	DISTRIBUTION AND PUBLIC EXPOSURE TO THE UNLAWFUL16
	105	+	COMMUNICATION, THE HEARING OFFICER DEEMS APPROPRIATE TO DETER17
	106	+	FUTURE VIOLATIONS OF SECTION 1-46-103.18
	107	+	SECTION 2. In Colorado Revised Statutes, 1-45-111.7, amend19
	108	+	(2)(a) as follows:20
	109	+	1-45-111.7. Campaign finance complaints - initial review -21
	110	+	curing violations - investigation and enforcement - hearings -22
	111	+	advisory opinions - document review - collection of debts resulting23
	112	+	from campaign finance penalties - definitions. (2) Filing complaints.24
	113	+	(a) Any person who believes that a violation has occurred of article25
	114	+	XXVIII, this article 45,
	115	+	ARTICLE 46 OF THIS TITLE 1, or the rules may file26
	116	+	a complaint with the secretary.27
	117	+	1147
	118	+	-3- SECTION 3. In Colorado Revised Statutes, add article 46 to title1
	119	+	1 as follows:2
	120	+	ARTICLE 463
	121	+	Failure To Disclose A Deepfake In A Communication Concerning4
	122	+	A Candidate For Elective Office5
71	123		1-46-101. Legislative declaration. (1) T
72		-	HE GENERAL ASSEMBLY
73		-	FINDS AND DECLARES THAT
74		-	:
	124	+	HE GENERAL ASSEMBLY6
	125	+	FINDS AND DECLARES THAT:7
75	126		(a) T
76		-	HE REVOLUTIONARY INNOVATIONS IN GENERATIVE ARTIFICIAL
77		-	PAGE 2-HOUSE BILL 24-1147 INTELLIGENCE SYSTEMS CAPABLE OF PRODUCING IMAGE , AUDIO, VIDEO, AND
78		-	MULTIMEDIA CONTENT
79		-	(AI-GENERATED CONTENT) POSE A THREAT TO FREE
80		-	AND FAIR ELECTIONS IN THE STATE
81		-	;
	127	+	HE REVOLUTIONARY INNOVATIONS IN GENERATIVE ARTIFICIAL8
	128	+	INTELLIGENCE SYSTEMS CAPABLE OF PRODUCING IMAGE , AUDIO, VIDEO,9
	129	+	AND MULTIMEDIA CONTENT (AI-GENERATED CONTENT) POSE A THREAT TO10
	130	+	FREE AND FAIR ELECTIONS IN THE STATE;11
82	131		(b) AI-
83		-	GENERATED CONTENT MAY BE USED TO CREATE DEEPFAKES
84		-	THAT FALSELY DEPICT A CANDIDATE
85		-	'S SPEECH OR ACTION IN ORDER TO
86		-	SPREAD MISINFORMATION AND DISINFORMATION AT SCALE AND WITH
87		-	UNPRECEDENTED SPEED
88		-	; AND
89		-	(c) A DEEPFAKE IS ANALOGOUS TO A PERSON BEING FORCED TO SAY
90		-	SOMETHING IN A VIDEO RECORDED UNDER DURESS
91		-	, WHERE THE VICTIM
92		-	APPEARS TO SAY SOMETHING THEY WOULD NOT NORMALLY SAY
93		-	, ONE
94		-	THROUGH FORCE AND THE OTHER THROUGH DEEPFAKE TECHNOLOGY
95		-	. A
96		-	VOTER'S OPINION OF A CANDIDATE MAY BE IRREPARABLY TAINTED BY A
97		-	FABRICATED REPRESENTATION OF A CANDIDATE OR ELECTED OFFICIAL
98		-	SAYING OR DOING SOMETHING THEY DID NOT SAY OR DO
99		-	. THESE FALSE,
100		-	NEGATIVE PORTRAYALS MAY EXIST INDEFINITELY ONCE POSTED ON THE
101		-	INTERNET AND PERMANENTLY DAMAGE A CANDIDATE OR ELECTED
102		-	OFFICIAL
103		-	'S REPUTATION AND EVEN PUT THEIR SAFETY AT RISK .
104		-	1-46-102. Definitions. A
105		-	S USED IN THIS ARTICLE 46, UNLESS THE
106		-	CONTEXT OTHERWISE REQUIRES
107		-	:
	132	+	GENERATED CONTENT MAY BE USED TO CREATE DEEPFAKES12
	133	+	THAT FALSELY DEPICT A CANDIDATE 'S SPEECH OR ACTION IN ORDER TO13
	134	+	SPREAD MISINFORMATION AND DISINFORMATION AT SCALE AND WITH14
	135	+	UNPRECEDENTED SPEED; AND
	136	+	15
	137	+	16
	138	+	(c) A DEEPFAKE IS ANALOGOUS TO A PERSON BEING FORCED TO17
	139	+	SAY SOMETHING IN A VIDEO RECORDED UNDER DURESS , WHERE THE VICTIM18
	140	+	APPEARS TO SAY SOMETHING THEY WOULD NOT NORMALLY SAY , ONE19
	141	+	THROUGH FORCE AND THE OTHER THROUGH DEEPFAKE TECHNOLOGY . A20
	142	+	VOTER'S OPINION OF A CANDIDATE MAY BE IRREPARABLY TAINTED BY A21
	143	+	FABRICATED REPRESENTATION OF A CANDIDATE OR ELECTED OFFICIAL22
	144	+	SAYING OR DOING SOMETHING THEY DID NOT SAY OR DO. THESE FALSE,23
	145	+	NEGATIVE PORTRAYALS MAY EXIST INDEFINITELY ONCE POSTED ON THE24
	146	+	INTERNET AND PERMANENTLY DAMAGE A CANDIDATE OR ELECTED25
	147	+	OFFICIAL'S REPUTATION AND EVEN PUT THEIR SAFETY AT RISK .26
	148	+	27
	149	+	1147
	150	+	-4- 1-46-102. Definitions. A S USED IN THIS ARTICLE 46, UNLESS THE1
	151	+	CONTEXT OTHERWISE REQUIRES :2
108	152		(1) (a) "AI-
109		-	GENERATED CONTENT " MEANS IMAGE, VIDEO, AUDIO,
110		-	MULTIMEDIA, OR TEXT CONTENT THAT IS SUBSTANTIALLY CREATED OR
111		-	MODIFIED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH THAT THE USE OF
112		-	GENERATIVE ARTIFICIAL INTELLIGENCE ALTERS THE MEANING OR
113		-	SIGNIFICANCE THAT A REASONABLE PERSON WOULD TAKE AWAY FROM THE
114		-	CONTENT
115		-	.
	153	+	GENERATED CONTENT" MEANS IMAGE, VIDEO, AUDIO,3
	154	+	MULTIMEDIA, OR TEXT CONTENT THAT IS SUBSTANTIALLY CREATED OR4
	155	+	MODIFIED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH THAT THE USE5
	156	+	OF GENERATIVE ARTIFICIAL INTELLIGENCE ALTERS THE MEANING OR6
	157	+	SIGNIFICANCE THAT A REASONABLE PERSON WOULD TAKE AWAY FROM THE7
	158	+	CONTENT.8
116	159		(b) "AI-
117		-	GENERATED CONTENT" DOES NOT INCLUDE IMAGE, VIDEO,
118		-	AUDIO, MULTIMEDIA, OR TEXT CONTENT THAT IS MINIMALLY EDITED ,
119		-	ADJUSTED, OR ENHANCED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH
120		-	THAT THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE DOES NOT
121		-	MATERIALLY ALTER THE MEANING OR SIGNIFICANCE THAT A REASONABLE
122		-	PERSON WOULD TAKE AWAY FROM THE CONTENT
123		-	.
	160	+	GENERATED CONTENT" DOES NOT INCLUDE IMAGE, VIDEO,9
	161	+	AUDIO, MULTIMEDIA, OR TEXT CONTENT THAT IS MINIMALLY EDITED ,10
	162	+	ADJUSTED, OR ENHANCED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH11
	163	+	THAT THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE DOES NOT12
	164	+	MATERIALLY ALTER THE MEANING OR SIGNIFICANCE THAT A REASONABLE13
	165	+	PERSON WOULD TAKE AWAY FROM THE CONTENT .14
124	166		(2) (a) "C
125		-	ANDIDATE" HAS THE SAME MEANING AS SET FORTH IN
126		-	SECTION
127		-	2 (2) OF ARTICLE XXVIII OF THE STATE CONSTITUTION; EXCEPT
128		-	THAT
129		-	, "CANDIDATE" ALSO INCLUDES ANY PERSON WHO SEEKS NOMINATION
130		-	PAGE 3-HOUSE BILL 24-1147 OR ELECTION TO ANY FEDERAL PUBLIC OFFICE IN THIS STATE .
	167	+	ANDIDATE" HAS THE SAME MEANING AS SET FORTH IN15
	168	+	SECTION 2 (2) OF ARTICLE XXVIII OF THE STATE CONSTITUTION; EXCEPT16
	169	+	THAT, "CANDIDATE" ALSO INCLUDES ANY PERSON WHO SEEKS NOMINATION17
	170	+	OR ELECTION TO ANY FEDERAL PUBLIC OFFICE IN THIS STATE .18
131	171		(b) F
132		-	OR PURPOSES OF THIS ARTICLE 46, "CANDIDATE" ALSO INCLUDES
133		-	AN INCUMBENT OR CURRENT OFFICE HOLDER
134		-	.
	172	+	OR PURPOSES OF THIS ARTICLE 46, "CANDIDATE" ALSO19
	173	+	INCLUDES AN INCUMBENT OR CURRENT OFFICE HOLDER .20
135	174		(3) "D
136		-	EEPFAKE" MEANS AN IMAGE, VIDEO, AUDIO, OR MULTIMEDIA
137		-	AI-GENERATED CONTENT THAT FALSELY APPEARS TO BE AUTHENTIC OR
138		-	TRUTHFUL AND WHICH FEATURES A DEPICTION OF AN INDIVIDUAL APPEARING
139		-	TO SAY OR DO SOMETHING THE INDIVIDUAL DID NOT SAY OR DO
140		-	.
	175	+	EEPFAKE" MEANS AN IMAGE, VIDEO, AUDIO, OR MULTIMEDIA21
	176	+	AI-
	177	+	GENERATED CONTENT THAT FALSELY APPEARS TO BE AUTHENTIC OR22
	178	+	TRUTHFUL AND WHICH FEATURES A DEPICTION OF AN INDIVIDUAL23
	179	+	APPEARING TO SAY OR DO SOMETHING THE INDIVIDUAL DID NOT SAY OR
	180	+	24
	181	+	DO.25
141	182		(4) "G
142		-	ENERATIVE ARTIFICIAL INTELLIGENCE" OR "GENERATIVE AI"
143		-	MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF GENERATING
144		-	NOVEL IMAGE
145		-	, VIDEO, AUDIO, MULTIMEDIA, OR TEXT CONTENT BASED ON
146		-	PROMPTS OR OTHER FORMS OF DATA PROVIDED BY A PERSON
147		-	.
	183	+	ENERATIVE ARTIFICIAL INTELLIGENCE" OR "GENERATIVE AI"26
	184	+	MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF GENERATING27
	185	+	1147
	186	+	-5- NOVEL IMAGE, VIDEO, AUDIO, MULTIMEDIA, OR TEXT CONTENT BASED ON1
	187	+	PROMPTS OR OTHER FORMS OF DATA PROVIDED BY A PERSON .2
148	188		(5) "M
149		-	ETADATA" MEANS STRUCTURAL OR DESCRIPTIVE
150		-	INFORMATION ABOUT DATA SUCH AS CONTENT
151		-	, FORMAT, SOURCE, RIGHTS,
152		-	ACCURACY, PROVENANCE, PERIODICITY, GRANULARITY, PUBLISHER OR
153		-	RESPONSIBLE PARTY
154		-	, CONTACT INFORMATION, METHOD OF COLLECTION, AND
155		-	OTHER DESCRIPTIONS
156		-	.
	189	+	ETADATA" MEANS STRUCTURAL OR DESCRIPTIVE3
	190	+	INFORMATION ABOUT DATA SUCH AS CONTENT , FORMAT, SOURCE, RIGHTS,4
	191	+	ACCURACY, PROVENANCE, PERIODICITY, GRANULARITY, PUBLISHER OR5
	192	+	RESPONSIBLE PARTY, CONTACT INFORMATION, METHOD OF COLLECTION,6
	193	+	AND OTHER DESCRIPTIONS.7
157	194		(6) "O
158		-	FFICE" MEANS THE OFFICE OF THE SECRETARY OF STATE , OR
159		-	THE SECTION OR DIVISION OF THE OFFICE OF THE SECRETARY OF STATE
160		-	ADMINISTERING THE ELECTION LAWS OF THIS STATE PURSUANT TO SECTION
161		-	1-1-107 (4).
	195	+	FFICE" MEANS THE OFFICE OF THE SECRETARY OF STATE, OR8
	196	+	THE SECTION OR DIVISION OF THE OFFICE OF THE SECRETARY OF STATE9
	197	+	ADMINISTERING THE ELECTION LAWS OF THIS STATE PURSUANT TO SECTION10
	198	+	1-1-107
	199	+	(4).11
162	200		(7) "P
163		-	ERSON" HAS THE SAME MEANING AS SET FORTH IN SECTION
164		-	1-13-109 (3).
165		-	1-46-103. Use of deepfakes in a communication concerning a
166		-	candidate for elective office - disclosure requirements - limitations -
	201	+	ERSON" HAS THE SAME MEANING AS SET FORTH IN SECTION12
	202	+	1-13-109
	203	+	(3).13
	204	+	1-46-103. Use of deepfakes in a communication concerning a14
	205	+	candidate for elective office - disclosure requirements - limitations -15
167	206		rules. (1) E
168		-	XCEPT AS PROVIDED IN SUBSECTIONS (2) AND (3) OF THIS
169		-	SECTION
170		-	, NO PERSON SHALL DISTRIBUTE , DISSEMINATE, PUBLISH,
171		-	BROADCAST, TRANSMIT, OR DISPLAY A COMMUNICATION CONCERNING A
172		-	CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A DEEPFAKE TO AN
173		-	AUDIENCE THAT INCLUDES MEMBERS OF THE ELECTORATE FOR THE ELECTIVE
174		-	OFFICE TO BE REPRESENTED BY THE CANDIDATE EITHER SIXTY DAYS BEFORE
175		-	A PRIMARY ELECTION OR NINETY DAYS BEFORE A GENERAL ELECTION
176		-	, IF THE
177		-	PERSON KNOWS OR HAS RECKLESS DISREGARD FOR THE FACT THAT THE
178		-	DEPICTED CANDIDATE DID NOT SAY OR DO WHAT THE CANDIDATE IS
179		-	PAGE 4-HOUSE BILL 24-1147 DEPICTED AS SAYING OR DOING IN THE COMMUNICATION .
	207	+	XCEPT AS PROVIDED IN SUBSECTIONS (2) AND (3) OF THIS16
	208	+	SECTION, NO PERSON SHALL DISTRIBUTE , DISSEMINATE, PUBLISH,17
	209	+	BROADCAST, TRANSMIT, OR DISPLAY A COMMUNICATION CONCERNING A18
	210	+	CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A DEEPFAKE
	211	+	TO AN19
	212	+	AUDIENCE THAT INCLUDES MEMBERS OF THE ELECTORATE FOR THE20
	213	+	ELECTIVE OFFICE TO BE REPRESENTED BY THE CANDIDATE EITHER SIXTY21
	214	+	DAYS BEFORE A PRIMARY ELECTION OR NINETY DAYS BEFORE A GENERAL22
	215	+	ELECTION, IF THE PERSON KNOWS OR HAS RECKLESS DISREGARD FOR THE23
	216	+	FACT THAT THE DEPICTED CANDIDATE DID NOT SAY OR DO WHAT THE24
	217	+	CANDIDATE IS DEPICTED AS SAYING OR DOING IN THE COMMUNICATION .25
180	218		(2) (a) T
181		-	HE PROHIBITION IN SUBSECTION (1) OF THIS SECTION DOES
182		-	NOT APPLY TO A COMMUNICATION THAT INCLUDES A DISCLOSURE STATING
183		-	,
184		-	IN A CLEAR AND CONSPICUOUS MANNER , THAT: "THIS
185		-	(IMAGE/AUDIO/VIDEO/MULTIMEDIA) HAS BEEN EDITED AND DEPICTS SPEECH
186		-	OR CONDUCT THAT FALSELY APPEARS TO BE AUTHENTIC OR TRUTHFUL
187		-	."
	219	+	HE PROHIBITION IN SUBSECTION (1) OF THIS SECTION DOES26
	220	+	NOT APPLY TO A COMMUNICATION THAT INCLUDES A DISCLOSURE STATING ,27
	221	+	1147
	222	+	-6- IN A CLEAR AND CONSPICUOUS MANNER , THAT: "THIS1
	223	+	(
	224	+	IMAGE/AUDIO/VIDEO/MULTIMEDIA)
	225	+	HAS BEEN EDITED AND DEPICTS2
	226	+	SPEECH OR CONDUCT THAT FALSELY APPEARS TO BE AUTHENTIC OR3
	227	+	TRUTHFUL."4
188	228		(b) A
189		-	DISCLOSURE REQUIRED UNDER THIS SECTION IS CONSIDERED TO
190		-	BE MADE IN A CLEAR AND CONSPICUOUS MANNER IF THE DISCLOSURE MEETS
191		-	THE FOLLOWING REQUIREMENTS
192		-	:
	229	+	DISCLOSURE REQUIRED UNDER THIS SECTION IS CONSIDERED5
	230	+	TO BE MADE IN A CLEAR AND CONSPICUOUS MANNER IF THE DISCLOSURE6
	231	+	MEETS THE FOLLOWING REQUIREMENTS :7
193	232		(I) I
194		-	N A VISUAL COMMUNICATION , THE TEXT OF THE DISCLOSURE
195		-	STATEMENT APPEARS IN A FONT SIZE NO SMALLER THAN THE LARGEST FONT
196		-	SIZE OF OTHER TEXT APPEARING IN THE VISUAL COMMUNICATION
197		-	. IF THE
198		-	VISUAL COMMUNICATION DOES NOT INCLUDE ANY OTHER TEXT
199		-	, THE
200		-	DISCLOSURE STATEMENT APPEARS IN A FONT SIZE THAT IS EASILY READABLE
201		-	BY THE AVERAGE VIEWER
202		-	.
	233	+	N A VISUAL COMMUNICATION , THE TEXT OF THE DISCLOSURE8
	234	+	STATEMENT APPEARS IN A FONT SIZE NO SMALLER THAN THE LARGEST9
	235	+	FONT SIZE OF OTHER TEXT APPEARING IN THE VISUAL COMMUNICATION . IF10
	236	+	THE VISUAL COMMUNICATION DOES NOT INCLUDE ANY OTHER TEXT , THE11
	237	+	DISCLOSURE STATEMENT APPEARS IN A FONT SIZE THAT IS EASILY12
	238	+	READABLE BY THE AVERAGE VIEWER .13
203	239		(II) I
204		-	N AN AUDIO COMMUNICATION , THE DISCLOSURE STATEMENT
205		-	SHALL BE READ IN A CLEARLY SPOKEN MANNER IN THE SAME PITCH
206		-	, SPEED,
207		-	LANGUAGE, AND VOLUME AS THE MAJORITY OF THE AUDIO COMMUNICATION ,
208		-	AT THE BEGINNING OF THE AUDIO COMMUNICATION , AT THE END OF THE
209		-	AUDIO COMMUNICATION
210		-	, AND, IF THE AUDIO COMMUNICATION IS GREATER
211		-	THAN TWO MINUTES IN LENGTH
212		-	, INTERSPERSED WITHIN THE AUDIO
213		-	COMMUNICATION AT INTERVALS OF NOT MORE THAN ONE MINUTE EACH
214		-	;
215		-	(III) T
216		-	HE METADATA OF THE COMMUNICATION INCLUDES THE
217		-	DISCLOSURE STATEMENT
218		-	, THE IDENTITY OF THE TOOL USED TO CREATE THE
219		-	DEEPFAKE
220		-	, AND THE DATE AND TIME THE DEEPFAKE WAS CREATED ;
221		-	(IV) T
222		-	HE DISCLOSURE STATEMENT IN THE COMMUNICATION ,
223		-	INCLUDING THE DISCLOSURE STATEMENT IN ANY METADATA , IS, TO THE
224		-	EXTENT TECHNICALLY FEASIBLE
225		-	, PERMANENT OR UNABLE TO BE EASILY
226		-	REMOVED BY A SUBSEQUENT USER
227		-	;
228		-	(V) T
229		-	HE COMMUNICATION COMPLIES WITH ANY ADDITIONAL
230		-	REQUIREMENTS FOR THE DISCLOSURE STATEMENT THAT THE SECRETARY OF
231		-	STATE MAY ADOPT BY RULE TO ENSURE THAT THE DISCLOSURE STATEMENT
232		-	IS PRESENTED IN A CLEAR AND CONSPICUOUS AND UNDERSTANDABLE
233		-	PAGE 5-HOUSE BILL 24-1147 MANNER; AND
234		-	(VI) IN A BROADCAST OR ONLINE VISUAL OR AUDIO COMMUNICATION
235		-	THAT INCLUDES A STATEMENT REQUIRED BY SUBSECTION
236		-	(2) OF THIS
237		-	SECTION
238		-	, THE STATEMENT SATISFIES ALL APPLICABLE REQUIREMENTS , IF
239		-	ANY
240		-	, PROMULGATED BY THE FEDERAL COMMUNICATIONS COMMISSION FOR
241		-	SIZE
242		-	, DURATION, AND PLACEMENT.
	240	+	N AN AUDIO COMMUNICATION , THE DISCLOSURE STATEMENT14
	241	+	SHALL BE READ IN A CLEARLY SPOKEN MANNER IN THE SAME PITCH,15
	242	+	SPEED, LANGUAGE, AND VOLUME AS THE MAJORITY OF THE AUDIO16
	243	+	COMMUNICATION, AT THE BEGINNING OF THE AUDIO COMMUNICATION , AT17
	244	+	THE END OF THE AUDIO COMMUNICATION , AND, IF THE AUDIO18
	245	+	COMMUNICATION IS GREATER THAN TWO MINUTES IN LENGTH ,19
	246	+	INTERSPERSED WITHIN THE AUDIO COMMUNICATION AT INTERVALS OF NOT20
	247	+	MORE THAN ONE MINUTE EACH;21
	248	+	22
	249	+	(III) THE METADATA OF THE COMMUNICATION INCLUDES THE23
	250	+	DISCLOSURE STATEMENT, THE IDENTITY OF THE TOOL USED TO CREATE THE24
	251	+	DEEPFAKE, AND THE DATE AND TIME THE DEEPFAKE WAS CREATED ;25
	252	+	(IV) THE DISCLOSURE STATEMENT IN THE COMMUNICATION ,26
	253	+	INCLUDING THE DISCLOSURE STATEMENT IN ANY METADATA , IS, TO THE27
	254	+	1147
	255	+	-7- EXTENT TECHNICALLY FEASIBLE , PERMANENT OR UNABLE TO BE EASILY1
	256	+	REMOVED BY A SUBSEQUENT USER ; 2
	257	+	(V) THE COMMUNICATION COMPLIES WITH ANY ADDITIONAL3
	258	+	REQUIREMENTS FOR THE DISCLOSURE STATEMENT THAT THE SECRETARY4
	259	+	OF STATE MAY ADOPT BY RULE TO ENSURE THAT THE DISCLOSURE5
	260	+	STATEMENT IS PRESENTED IN A CLEAR AND CONSPICUOUS AND6
	261	+	UNDERSTANDABLE MANNER; AND7
	262	+	(VI) IN A BROADCAST OR ONLINE VISUAL OR AUDIO8
	263	+	COMMUNICATION THAT INCLUDES A STATEMENT REQUIRED BY9
	264	+	SUBSECTION (2) OF THIS SECTION, THE STATEMENT SATISFIES ALL10
	265	+	APPLICABLE REQUIREMENTS, IF ANY, PROMULGATED BY THE FEDERAL11
	266	+	COMMUNICATIONS COMMISSION FOR SIZE , DURATION, AND PLACEMENT.12
243	267		(3) T
244		-	HIS SECTION IS SUBJECT TO THE FOLLOWING LIMITATIONS :
	268	+	HIS SECTION IS SUBJECT TO THE FOLLOWING LIMITATIONS :13
245	269		(a) T
246		-	HIS SECTION DOES NOT ALTER OR NEGATE ANY RIGHTS ,
247		-	OBLIGATIONS, OR IMMUNITIES OF AN INTERACTIVE COMPUTER SERVICE IN
248		-	ACCORDANCE WITH
249		-	47 U.S.C. SEC. 230, AS AMENDED, AND SHALL
250		-	OTHERWISE BE CONSTRUED IN A MANNER CONSISTENT WITH FEDERAL LAW
251		-	;
	270	+	HIS SECTION DOES NOT ALTER OR NEGATE ANY RIGHTS ,14
	271	+	OBLIGATIONS, OR IMMUNITIES OF AN INTERACTIVE COMPUTER SERVICE
	272	+	IN15
	273	+	ACCORDANCE WITH 47 U.S.C. SEC. 230, AS AMENDED, AND SHALL16
	274	+	OTHERWISE BE CONSTRUED IN A MANNER CONSISTENT WITH FEDERAL LAW ;17
252	275		(b) T
253		-	HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION
254		-	BROADCASTING STATION
255		-	, INCLUDING A CABLE OR SATELLITE TELEVISION
256		-	OPERATOR
257		-	, PROGRAMMER , OR PRODUCER THAT BROADCASTS A
258		-	COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY SUBSECTION
259		-	(1) OF THIS SECTION AS PART OF A BONA FIDE NEWSCAST, NEWS INTERVIEW,
260		-	NEWS DOCUMENTARY , OR ON-THE-SPOT COVERAGE OF A BONA FIDE NEWS
261		-	EVENT
262		-	, IF THE BROADCAST OR PUBLICATION CLEARLY ACKNOWLEDGES
263		-	THROUGH CONTENT OR A DISCLOSURE
264		-	, IN A MANNER THAT CAN BE EASILY
265		-	HEARD AND UNDERSTOOD OR READ BY THE AVERAGE LISTENER OR VIEWER
266		-	,
267		-	THAT THERE ARE QUESTIONS ABOUT THE AUTHENTICITY OF THE DEEPFAKE
268		-	IN THE COMMUNICATION
269		-	;
	276	+	HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION18
	277	+	BROADCASTING STATION, INCLUDING A CABLE OR SATELLITE TELEVISION19
	278	+	OPERATOR, PROGRAMMER , OR PRODUCER THAT BROADCASTS A20
	279	+	COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY21
	280	+	SUBSECTION (1) OF THIS SECTION AS PART OF A BONA FIDE NEWSCAST ,22
	281	+	NEWS INTERVIEW, NEWS DOCUMENTARY , OR ON-THE-SPOT COVERAGE OF23
	282	+	A BONA FIDE NEWS EVENT, IF THE BROADCAST OR PUBLICATION CLEARLY24
	283	+	ACKNOWLEDGES THROUGH CONTENT OR A DISCLOSURE , IN A MANNER25
	284	+	THAT CAN BE EASILY HEARD AND UNDERSTOOD OR READ BY THE AVERAGE26
	285	+	LISTENER OR VIEWER , THAT THERE ARE QUESTIONS ABOUT THE27
	286	+	1147
	287	+	-8- AUTHENTICITY OF THE DEEPFAKE IN THE COMMUNICATION ;1
270	288		(c) T
271		-	HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION
272		-	BROADCASTING STATION
273		-	, INCLUDING A CABLE OR SATELLITE TELEVISION
274		-	OPERATOR
275		-	, PROGRAMMER, PRODUCER, OR STREAMING SERVICE, WHEN THE
276		-	STATION IS PAID TO BROADCAST A COMMUNICATION THAT INCLUDES A
277		-	DEEPFAKE
278		-	;
	289	+	HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION2
	290	+	BROADCASTING STATION, INCLUDING A CABLE OR SATELLITE TELEVISION3
	291	+	OPERATOR, PROGRAMMER,
	292	+	PRODUCER, OR STREAMING SERVICE, WHEN THE4
	293	+	STATION IS PAID TO BROADCAST A COMMUNICATION THAT INCLUDES A5
	294	+	DEEPFAKE;6
279	295		(d) T
280		-	HIS SECTION DOES NOT APPLY TO AN INTERNET WEBSITE , OR A
281		-	REGULARLY PUBLISHED NEWSPAPER
282		-	, MAGAZINE, OR OTHER PERIODICAL OF
283		-	GENERAL CIRCULATION
284		-	, INCLUDING AN INTERNET OR ELECTRONIC
285		-	PUBLICATION OR STREAMING SERVICE
286		-	, THAT ROUTINELY CARRIES NEWS AND
287		-	COMMENTARY OF GENERAL INTEREST AND THAT PUBLISHES A
288		-	COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY SUBSECTION
289		-	(1) OF THIS SECTION, IF THE PUBLICATION CLEARLY STATES THAT THE
290		-	PAGE 6-HOUSE BILL 24-1147 COMMUNICATION THAT INCLUDES THE DEEPFAKE DOES NOT ACCURATELY
291		-	REPRESENT A CANDIDATE FOR ELECTIVE OFFICE
292		-	;
	296	+	HIS SECTION DOES NOT APPLY TO AN INTERNET WEBSITE , OR7
	297	+	A REGULARLY PUBLISHED NEWSPAPER , MAGAZINE, OR OTHER PERIODICAL8
	298	+	OF GENERAL CIRCULATION , INCLUDING AN INTERNET OR ELECTRONIC9 PUBLICATION OR STREAMING SERVICE, THAT ROUTINELY CARRIES NEWS10
	299	+	AND COMMENTARY OF GENERAL INTEREST AND THAT PUBLISHES A11
	300	+	COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY12
	301	+	SUBSECTION (1) OF THIS SECTION, IF THE PUBLICATION CLEARLY STATES13
	302	+	THAT THE COMMUNICATION THAT INCLUDES THE DEEPFAKE DOES NOT14
	303	+	ACCURATELY REPRESENT A CANDIDATE FOR ELECTIVE OFFICE ; 15
293	304		(e) T
294		-	HIS SECTION DOES NOT APPLY TO MEDIA CONTENT ~~THAT~~
295		-	CONSTITUTES SATIRE OR PARODY OR THE PRODUCTION OF WHICH IS
296		-	SUBSTANTIALLY DEPENDENT ON THE ABILITY OF AN INDIVIDUAL TO
297		-	PHYSICALLY OR VERBALLY IMPERSONATE THE CANDIDATE AND NOT ~~UPON~~
298		-	GENERATIVE
299		-	~~AI OR OTHER TECHNICAL MEANS;~~
	305	+	HIS SECTION DOES NOT APPLY TO MEDIA CONTENT THAT16
	306	+	CONSTITUTES SATIRE OR PARODY OR THE PRODUCTION OF WHICH IS17
	307	+	SUBSTANTIALLY DEPENDENT ON THE ABILITY OF AN INDIVIDUAL TO18
	308	+	PHYSICALLY OR VERBALLY IMPERSONATE THE CANDIDATE AND NOT UPON19
	309	+	GENERATIVE AI OR OTHER TECHNICAL MEANS;
	310	+	20
300	311		(f) T
301	312		HIS SECTION DOES NOT APPLY TO THE PROVIDER OF
302		-	TECHNOLOGY USED IN THE CREATION OF A DEEPFAKE
303		-	; AND
304		-	(g) THIS SECTION DOES NOT APPLY TO AN INTERACTIVE COMPUTER
305		-	SERVICE
306		-	, AS DEFINED IN 47 U.S.C. SEC. 230 (f)(2), FOR ANY CONTENT
307		-	PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER AS DEFINED IN
	313	+	21
	314	+	TECHNOLOGY USED IN THE CREATION OF A DEEPFAKE ; AND22
	315	+	(g) T
	316	+	HIS SECTION DOES NOT APPLY TO AN INTERACTIVE COMPUTER
	317	+	23
	318	+	SERVICE, AS DEFINED IN 47 U.S.C. SEC. 230 (f)(2), FOR ANY CONTENT24
	319	+	PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER AS DEFINED IN25
308	320		47
309		-	U.S.C.
310		-	~~SEC. 230 (f)(3).~~
	321	+	U.S.C. SEC. 230 (f)(3).
	322	+	26
311	323		(4) T
312		-	HE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES , IN
313		-	ACCORDANCE WITH ARTICLE
314		-	4 OF TITLE 24, AS MAY BE NECESSARY TO
315		-	ADMINISTER AND ENFORCE ANY PROVISION OF THIS ARTICLE
316		-	46.
	324	+	HE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES ,27
	325	+	1147
	326	+	-9- IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, AS MAY BE NECESSARY TO1
	327	+	ADMINISTER AND ENFORCE ANY PROVISION OF THIS ARTICLE 46.2
317	328		1-46-104. Enforcement - administrative hearing. A
318		-	NY PERSON
319		-	WHO BELIEVES THAT A VIOLATION OF SECTION
320		-	1-46-103, OR THE SECRETARY
321		-	OF STATE
322		-	'S RULES CONCERNING THE USE OF A DEEPFAKE IN A
323		-	COMMUNICATION CONCERNING A CANDIDATE FOR ELECTIVE OFFICE
324		-	, HAS
325		-	OCCURRED MAY FILE A WRITTEN COMPLAINT WITH THE OFFICE IN
326		-	ACCORDANCE WITH SECTION
327		-	1-45-111.7 (2). SUCH COMPLAINT SHALL BE
328		-	REVIEWED AND ADJUDICATED IN ACCORDANCE WITH SECTION
329		-	1-45-111.7
330		-	AND THE SECRETARY OF STATE 'S RULES FOR COMPLAINTS AND
331		-	ADMINISTRATIVE HEARINGS PURSUANT TO ARTICLE
332		-	45 OF THIS TITLE 1.
333		-	1-46-105. Civil action - injunctive relief - damages. (1) A
334		-	CANDIDATE WHOSE APPEARANCE , ACTION, OR SPEECH IS DEPICTED IN A
335		-	DEEPFAKE THAT IS INCLUDED IN A COMMUNICATION DISTRIBUTED IN
336		-	VIOLATION OF SECTION
337		-	1-46-103 MAY:
	329	+	NY PERSON3
	330	+	WHO BELIEVES THAT A VIOLATION OF SECTION 1-46-103, OR THE4
	331	+	SECRETARY OF STATE'S RULES CONCERNING THE USE OF A DEEPFAKE IN A5
	332	+	COMMUNICATION CONCERNING A CANDIDATE FOR ELECTIVE OFFICE , HAS6
	333	+	OCCURRED MAY FILE A WRITTEN COMPLAINT WITH THE OFFICE IN7
	334	+	ACCORDANCE WITH SECTION 1-45-111.7 (2). SUCH COMPLAINT SHALL BE8
	335	+	REVIEWED AND ADJUDICATED IN ACCORDANCE WITH SECTION 1-45-111.79
	336	+	AND THE SECRETARY OF STATE 'S RULES FOR COMPLAINTS AND10
	337	+	ADMINISTRATIVE HEARINGS PURSUANT TO ARTICLE 45 OF THIS TITLE 1.11
	338	+	1-46-105. Civil action - injunctive relief - damages. (1) A12
	339	+	CANDIDATE WHOSE APPEARANCE , ACTION, OR SPEECH IS DEPICTED IN A13
	340	+	DEEPFAKE THAT IS INCLUDED IN A COMMUNICATION DISTRIBUTED IN14
	341	+	VIOLATION OF SECTION 1-46-103 MAY:15
338	342		(a) S
339		-	EEK INJUNCTIVE OR OTHER EQUITABLE RELIEF PROHIBITING THE
340		-	DISTRIBUTION
341		-	, DISSEMINATION, PUBLICATION, BROADCAST, TRANSMISSION,
342		-	OR DISPLAY OF THE COMMUNICATION , AND PREVENTING THE DEFENDANT
343		-	FROM OTHERWISE FURTHER VIOLATING THIS ARTICLE
344		-	46;
345		-	PAGE 7-HOUSE BILL 24-1147 (b) BRING AN ACTION FOR COMPENSATORY AND PUNITIVE DAMAGES
346		-	AGAINST THE PERSON THAT DISTRIBUTED
347		-	, DISSEMINATED, PUBLISHED,
348		-	BROADCAST, TRANSMITTED, OR DISPLAYED THE COMMUNICATION ;
349		-	(c) S
350		-	EEK REASONABLE ATTORNEY FEES , FILING FEES, AND COSTS OF
351		-	ACTION
352		-	; AND
353		-	(d) SEEK ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY TO
354		-	ENFORCE THIS ARTICLE
355		-	46 AND REMEDY THE HARM CAUSED BY THE
356		-	VIOLATION OF SECTION
357		-	1-46-103.
	343	+	EEK INJUNCTIVE OR OTHER EQUITABLE RELIEF PROHIBITING16
	344	+	THE DISTRIBUTION, DISSEMINATION, PUBLICATION, BROADCAST,17
	345	+	TRANSMISSION, OR DISPLAY OF THE
	346	+	COMMUNICATION, AND PREVENTING18
	347	+	THE DEFENDANT FROM OTHERWISE FURTHER VIOLATING THIS ARTICLE 46;19
	348	+	(b) B
	349	+	RING AN ACTION FOR
	350	+	COMPENSATORY AND PUNITIVE20
	351	+	DAMAGES AGAINST THE PERSON THAT DISTRIBUTED , DISSEMINATED,21
	352	+	PUBLISHED, BROADCAST , TRANSMITTED , OR DISPLAYED THE22
	353	+	COMMUNICATION;23
	354	+	(c) SEEK REASONABLE ATTORNEY FEES , FILING FEES, AND COSTS24
	355	+	OF ACTION; AND25
	356	+	(d) SEEK ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY26
	357	+	TO ENFORCE THIS ARTICLE 46 AND REMEDY THE HARM CAUSED BY THE27
	358	+	1147
	359	+	-10- VIOLATION OF SECTION 1-46-103.1
358	360		(2) A
359		-	N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OF
360		-	THIS SECTION MUST BE HEARD BY THE DISTRICT COURT AT THE EARLIEST
361		-	PRACTICAL TIME
362		-	.
	361	+	N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OF2
	362	+	THIS SECTION MUST BE HEARD BY THE DISTRICT COURT AT THE EARLIEST3
	363	+	PRACTICAL TIME.4
363	364		(3) A
364		-	N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OR
365		-	(1)(b) ~~OF THIS SECTION DOES NOT LIMIT OR PRECLUDE A PLAINTIFF FROM~~
366		-	~~SECURING~~ OR ~~RECOVERING ANY OTHER AVAILABLE REMEDY~~
367		-	, OR ~~FROM~~
368		-	~~SEEKING TO INSTITUTE A CRIMINAL ACTION AGAINST THE DEFENDANT~~
369		-	.
	365	+	N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OR5
	366	+	(1)(b)
	367	+	OF THIS SECTION DOES NOT LIMIT OR PRECLUDE A PLAINTIFF FROM6
	368	+	SECURING OR RECOVERING ANY OTHER AVAILABLE
	369	+	REMEDY, OR FROM7
	370	+	SEEKING TO INSTITUTE A CRIMINAL ACTION AGAINST THE DEFENDANT .8
370	371		(4) I
371		-	N ANY CIVIL ACTION ALLEGING A VIOLATION OF SECTION
372		-	1-46-103, THE PLAINTIFF BEARS THE BURDEN OF ESTABLISHING THE
373		-	VIOLATION BY CLEAR AND CONVINCING EVIDENCE
374		-	.
375		-	1-46-106. Limitation. (1) N
376		-	OTHING IN THIS ARTICLE 46 LIMITS OR
377		-	IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL
378		-	, OR ANY
379		-	PERSON OR ENTITY
380		-	, TO PURSUE A LEGAL ACTION AGAINST A PERSON IN
381		-	CONNECTION WITH A DEEPFAKE PURSUANT TO ANY OTHER LAW
382		-	, CAUSE OF
383		-	ACTION
384		-	, TORT THEORY, OR OTHER AUTHORITY.
385		-	(2) N
386		-	OTHING IN THIS ARTICLE 46, EXEMPTS A PERSON WHO
387		-	KNOWINGLY OR RECKLESSLY DISTRIBUTES
388		-	, DISSEMINATES, PUBLISHES,
389		-	BROADCASTS, TRANSMITS, OR DISPLAYS A COMMUNICATION CONCERNING A
390		-	CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A FALSE STATEMENT
391		-	THROUGH A DEEPFAKE FROM CRIMINAL LIABILITY IN ACCORDANCE WITH
392		-	SECTION
393		-	1-13-109, OR ANY OTHER APPLICABLE PROVISION OF LAW .
394		-	SECTION 4. Effective date - applicability. This act takes effect
395		-	July 1, 2024, and applies to communications distributed on or after said
396		-	date.
397		-	PAGE 8-HOUSE BILL 24-1147 SECTION 5. Safety clause. The general assembly finds,
398		-	determines, and declares that this act is necessary for the immediate
399		-	preservation of the public peace, health, or safety or for appropriations for
400		-	the support and maintenance of the departments of the state and state
401		-	institutions.
402		-	____________________________ ____________________________
403		-	Julie McCluskie Steve Fenberg
404		-	SPEAKER OF THE HOUSE PRESIDENT OF
405		-	OF REPRESENTATIVES THE SENATE
406		-	____________________________ ____________________________
407		-	Robin Jones Cindi L. Markwell
408		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
409		-	OF REPRESENTATIVES THE SENATE
410		-	APPROVED________________________________________
411		-	(Date and Time)
412		-	_________________________________________
413		-	Jared S. Polis
414		-	GOVERNOR OF THE STATE OF COLORADO
415		-	PAGE 9-HOUSE BILL 24-1147
	372	+	N ANY CIVIL ACTION ALLEGING A VIOLATION OF SECTION9
	373	+	1-46-103,
	374	+	THE PLAINTIFF BEARS THE BURDEN OF ESTABLISHING THE10
	375	+	VIOLATION BY CLEAR AND CONVINCING EVIDENCE .11
	376	+	1-46-106. Limitation. (1) NOTHING IN THIS ARTICLE 46 LIMITS OR12
	377	+	IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL, OR ANY13
	378	+	PERSON OR ENTITY, TO PURSUE A LEGAL ACTION AGAINST A PERSON IN14
	379	+	CONNECTION WITH A DEEPFAKE PURSUANT TO ANY OTHER LAW, CAUSE OF15
	380	+	ACTION, TORT THEORY, OR OTHER AUTHORITY. 16
	381	+	(2) NOTHING IN THIS ARTICLE 46, EXEMPTS A PERSON WHO17
	382	+	KNOWINGLY OR RECKLESSLY DISTRIBUTES, DISSEMINATES, PUBLISHES,18
	383	+	BROADCASTS, TRANSMITS, OR DISPLAYS A COMMUNICATION CONCERNING19
	384	+	A CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A FALSE STATEMENT20
	385	+	THROUGH A DEEPFAKE FROM CRIMINAL LIABILITY IN ACCORDANCE WITH21
	386	+	SECTION 1-13-109, OR ANY OTHER APPLICABLE PROVISION OF LAW .22
	387	+	SECTION 4. Effective date - applicability. This act takes effect23
	388	+	July 1, 2024, and applies to communications distributed on or after said24
	389	+	date.25
	390	+	SECTION 5. Safety clause. The general assembly finds,26
	391	+	determines, and declares that this act is necessary for the immediate27
	392	+	1147
	393	+	-11- preservation of the public peace, health, or safety or for appropriations for1
	394	+	the support and maintenance of the departments of the state and state2
	395	+	institutions.3
	396	+	1147
	397	+	-12-