HOUSE BILL 24-1147
BY REPRESENTATIVE(S) Joseph and Titone, Bacon, Brown, Clifford,
Garcia, Hernandez, Kipp, Lindsay, Lindstedt, Mabrey, Marvin, Rutinel,
Velasco, Willford, Boesenecker, Herod, Jodeh, Mauro, McCormick, Ortiz,
Ricks, Story, English;
also SENATOR(S) Hansen and Buckner, Cutter, Exum, Fields, Kolker,
Michaelson Jenet, Priola, Winter F.
C
ONCERNING THE USE OF A DEEPFAKE IN A COMMUNICATION RELATED TO A
CANDIDATE FOR ELECTIVE OFFICE
, AND, IN CONNECTION THEREWITH,
REQUIRING DISCLOSURE , PROVIDING FOR ENFORCEMENT , AND
CREATING A PRIVATE CAUSE OF ACTION FOR CANDIDATES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 1-45-111.5, add
(1.5)(c.5) as follows:
1-45-111.5. Duties of the secretary of state - enforcement -
sanctions - definitions. (1.5) (c.5) I
N ADDITION TO AND WIT HOUT
PREJUDICE TO ANY OTHER PENALTY AUTHORIZED UNDER THIS ARTICLE
45,
A HEARING OFFICER SHALL IMPOSE A CIVIL PENALTY AS FOLLOWS :
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (I) AT LEAST ONE HUNDRED DOLLARS FOR EACH VIOLATION THAT IS
A FAILURE TO INCLUDE A DISCLOSURE STATEMENT IN ACCORDANCE WITH
SECTION
1-46-103 (2), IF THE VIOLATION DOES NOT INVOLVE ANY PAID
ADVERTISING OR OTHER SPENDING TO PROMOTE OR ATTRACT ATTENTION TO
A COMMUNICATION PROHIBITED BY SECTION
1-46-103 (1), OR SUCH OTHER
HIGHER AMOUNT THAT
, BASED ON THE DEGREE OF DISTRIBUTION AND PUBLIC
EXPOSURE TO THE UNLAWFUL COMMUNICATION
, THE HEARING OFFICER
DEEMS APPROPRIATE TO DETER FUTURE VIOLATIONS OF SECTION
1-46-103;
AND
(II) AT LEAST TEN PERCENT OF THE AMOUNT PAID OR SPENT TO
ADVERTISE
, PROMOTE, OR ATTRACT ATTENTION TO A COMMUNICATION
PROHIBITED BY SECTION
1-46-103 (1) THAT DOES NOT INCLUDE A
DISCLOSURE STATEMENT IN ACCORDANCE WITH SECTION
1-46-103 (2), OR
SUCH OTHER HIGHER AMOUNT THAT
, BASED ON THE DEGREE OF
DISTRIBUTION AND PUBLIC EXPOSURE TO THE UNLAWFUL COMMUNICATION
,
THE HEARING OFFICER DEEMS APPROPRIATE TO DETER FUTURE VIOLATIONS
OF SECTION
1-46-103.
SECTION 2. In Colorado Revised Statutes, 1-45-111.7, amend
(2)(a) as follows:
1-45-111.7. Campaign finance complaints - initial review -
curing violations - investigation and enforcement - hearings - advisory
opinions - document review - collection of debts resulting from
campaign finance penalties - definitions. (2) Filing complaints. (a) Any
person who believes that a violation has occurred of article XXVIII, this
article 45,
ARTICLE 46 OF THIS TITLE 1, or the rules may file a complaint with
the secretary.
SECTION 3. In Colorado Revised Statutes, add article 46 to title
1 as follows:
ARTICLE 46
Failure To Disclose A Deepfake In A Communication Concerning
A Candidate For Elective Office
1-46-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS AND DECLARES THAT
:
(a) T
HE REVOLUTIONARY INNOVATIONS IN GENERATIVE ARTIFICIAL
PAGE 2-HOUSE BILL 24-1147 INTELLIGENCE SYSTEMS CAPABLE OF PRODUCING IMAGE , AUDIO, VIDEO, AND
MULTIMEDIA CONTENT
(AI-GENERATED CONTENT) POSE A THREAT TO FREE
AND FAIR ELECTIONS IN THE STATE
;
(b) AI-
GENERATED CONTENT MAY BE USED TO CREATE DEEPFAKES
THAT FALSELY DEPICT A CANDIDATE
'S SPEECH OR ACTION IN ORDER TO
SPREAD MISINFORMATION AND DISINFORMATION AT SCALE AND WITH
UNPRECEDENTED SPEED
; AND
(c) A DEEPFAKE IS ANALOGOUS TO A PERSON BEING FORCED TO SAY
SOMETHING IN A VIDEO RECORDED UNDER DURESS
, WHERE THE VICTIM
APPEARS TO SAY SOMETHING THEY WOULD NOT NORMALLY SAY
, ONE
THROUGH FORCE AND THE OTHER THROUGH DEEPFAKE TECHNOLOGY
. A
VOTER'S OPINION OF A CANDIDATE MAY BE IRREPARABLY TAINTED BY A
FABRICATED REPRESENTATION OF A CANDIDATE OR ELECTED OFFICIAL
SAYING OR DOING SOMETHING THEY DID NOT SAY OR DO
. THESE FALSE,
NEGATIVE PORTRAYALS MAY EXIST INDEFINITELY ONCE POSTED ON THE
INTERNET AND PERMANENTLY DAMAGE A CANDIDATE OR ELECTED
OFFICIAL
'S REPUTATION AND EVEN PUT THEIR SAFETY AT RISK .
1-46-102. Definitions. A
S USED IN THIS ARTICLE 46, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) (a) "AI-
GENERATED CONTENT " MEANS IMAGE, VIDEO, AUDIO,
MULTIMEDIA, OR TEXT CONTENT THAT IS SUBSTANTIALLY CREATED OR
MODIFIED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH THAT THE USE OF
GENERATIVE ARTIFICIAL INTELLIGENCE ALTERS THE MEANING OR
SIGNIFICANCE THAT A REASONABLE PERSON WOULD TAKE AWAY FROM THE
CONTENT
.
(b) "AI-
GENERATED CONTENT" DOES NOT INCLUDE IMAGE, VIDEO,
AUDIO, MULTIMEDIA, OR TEXT CONTENT THAT IS MINIMALLY EDITED ,
ADJUSTED, OR ENHANCED BY GENERATIVE ARTIFICIAL INTELLIGENCE SUCH
THAT THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE DOES NOT
MATERIALLY ALTER THE MEANING OR SIGNIFICANCE THAT A REASONABLE
PERSON WOULD TAKE AWAY FROM THE CONTENT
.
(2) (a) "C
ANDIDATE" HAS THE SAME MEANING AS SET FORTH IN
SECTION
2 (2) OF ARTICLE XXVIII OF THE STATE CONSTITUTION; EXCEPT
THAT
, "CANDIDATE" ALSO INCLUDES ANY PERSON WHO SEEKS NOMINATION
PAGE 3-HOUSE BILL 24-1147 OR ELECTION TO ANY FEDERAL PUBLIC OFFICE IN THIS STATE .
(b) F
OR PURPOSES OF THIS ARTICLE 46, "CANDIDATE" ALSO INCLUDES
AN INCUMBENT OR CURRENT OFFICE HOLDER
.
(3) "D
EEPFAKE" MEANS AN IMAGE, VIDEO, AUDIO, OR MULTIMEDIA
AI-GENERATED CONTENT THAT FALSELY APPEARS TO BE AUTHENTIC OR
TRUTHFUL AND WHICH FEATURES A DEPICTION OF AN INDIVIDUAL APPEARING
TO SAY OR DO SOMETHING THE INDIVIDUAL DID NOT SAY OR DO
.
(4) "G
ENERATIVE ARTIFICIAL INTELLIGENCE" OR "GENERATIVE AI"
MEANS AN ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF GENERATING
NOVEL IMAGE
, VIDEO, AUDIO, MULTIMEDIA, OR TEXT CONTENT BASED ON
PROMPTS OR OTHER FORMS OF DATA PROVIDED BY A PERSON
.
(5) "M
ETADATA" MEANS STRUCTURAL OR DESCRIPTIVE
INFORMATION ABOUT DATA SUCH AS CONTENT
, FORMAT, SOURCE, RIGHTS,
ACCURACY, PROVENANCE, PERIODICITY, GRANULARITY, PUBLISHER OR
RESPONSIBLE PARTY
, CONTACT INFORMATION, METHOD OF COLLECTION, AND
OTHER DESCRIPTIONS
.
(6) "O
FFICE" MEANS THE OFFICE OF THE SECRETARY OF STATE , OR
THE SECTION OR DIVISION OF THE OFFICE OF THE SECRETARY OF STATE
ADMINISTERING THE ELECTION LAWS OF THIS STATE PURSUANT TO SECTION
1-1-107 (4).
(7) "P
ERSON" HAS THE SAME MEANING AS SET FORTH IN SECTION
1-13-109 (3).
1-46-103. Use of deepfakes in a communication concerning a
candidate for elective office - disclosure requirements - limitations -
rules. (1) E
XCEPT AS PROVIDED IN SUBSECTIONS (2) AND (3) OF THIS
SECTION
, NO PERSON SHALL DISTRIBUTE , DISSEMINATE, PUBLISH,
BROADCAST, TRANSMIT, OR DISPLAY A COMMUNICATION CONCERNING A
CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A DEEPFAKE TO AN
AUDIENCE THAT INCLUDES MEMBERS OF THE ELECTORATE FOR THE ELECTIVE
OFFICE TO BE REPRESENTED BY THE CANDIDATE EITHER SIXTY DAYS BEFORE
A PRIMARY ELECTION OR NINETY DAYS BEFORE A GENERAL ELECTION
, IF THE
PERSON KNOWS OR HAS RECKLESS DISREGARD FOR THE FACT THAT THE
DEPICTED CANDIDATE DID NOT SAY OR DO WHAT THE CANDIDATE IS
PAGE 4-HOUSE BILL 24-1147 DEPICTED AS SAYING OR DOING IN THE COMMUNICATION .
(2) (a) T
HE PROHIBITION IN SUBSECTION (1) OF THIS SECTION DOES
NOT APPLY TO A COMMUNICATION THAT INCLUDES A DISCLOSURE STATING
,
IN A CLEAR AND CONSPICUOUS MANNER , THAT: "THIS
(IMAGE/AUDIO/VIDEO/MULTIMEDIA) HAS BEEN EDITED AND DEPICTS SPEECH
OR CONDUCT THAT FALSELY APPEARS TO BE AUTHENTIC OR TRUTHFUL
."
(b) A
DISCLOSURE REQUIRED UNDER THIS SECTION IS CONSIDERED TO
BE MADE IN A CLEAR AND CONSPICUOUS MANNER IF THE DISCLOSURE MEETS
THE FOLLOWING REQUIREMENTS
:
(I) I
N A VISUAL COMMUNICATION , THE TEXT OF THE DISCLOSURE
STATEMENT APPEARS IN A FONT SIZE NO SMALLER THAN THE LARGEST FONT
SIZE OF OTHER TEXT APPEARING IN THE VISUAL COMMUNICATION
. IF THE
VISUAL COMMUNICATION DOES NOT INCLUDE ANY OTHER TEXT
, THE
DISCLOSURE STATEMENT APPEARS IN A FONT SIZE THAT IS EASILY READABLE
BY THE AVERAGE VIEWER
.
(II) I
N AN AUDIO COMMUNICATION , THE DISCLOSURE STATEMENT
SHALL BE READ IN A CLEARLY SPOKEN MANNER IN THE SAME PITCH
, SPEED,
LANGUAGE, AND VOLUME AS THE MAJORITY OF THE AUDIO COMMUNICATION ,
AT THE BEGINNING OF THE AUDIO COMMUNICATION , AT THE END OF THE
AUDIO COMMUNICATION
, AND, IF THE AUDIO COMMUNICATION IS GREATER
THAN TWO MINUTES IN LENGTH
, INTERSPERSED WITHIN THE AUDIO
COMMUNICATION AT INTERVALS OF NOT MORE THAN ONE MINUTE EACH
;
(III) T
HE METADATA OF THE COMMUNICATION INCLUDES THE
DISCLOSURE STATEMENT
, THE IDENTITY OF THE TOOL USED TO CREATE THE
DEEPFAKE
, AND THE DATE AND TIME THE DEEPFAKE WAS CREATED ;
(IV) T
HE DISCLOSURE STATEMENT IN THE COMMUNICATION ,
INCLUDING THE DISCLOSURE STATEMENT IN ANY METADATA , IS, TO THE
EXTENT TECHNICALLY FEASIBLE
, PERMANENT OR UNABLE TO BE EASILY
REMOVED BY A SUBSEQUENT USER
;
(V) T
HE COMMUNICATION COMPLIES WITH ANY ADDITIONAL
REQUIREMENTS FOR THE DISCLOSURE STATEMENT THAT THE SECRETARY OF
STATE MAY ADOPT BY RULE TO ENSURE THAT THE DISCLOSURE STATEMENT
IS PRESENTED IN A CLEAR AND CONSPICUOUS AND UNDERSTANDABLE
PAGE 5-HOUSE BILL 24-1147 MANNER; AND
(VI) IN A BROADCAST OR ONLINE VISUAL OR AUDIO COMMUNICATION
THAT INCLUDES A STATEMENT REQUIRED BY SUBSECTION
(2) OF THIS
SECTION
, THE STATEMENT SATISFIES ALL APPLICABLE REQUIREMENTS , IF
ANY
, PROMULGATED BY THE FEDERAL COMMUNICATIONS COMMISSION FOR
SIZE
, DURATION, AND PLACEMENT.
(3) T
HIS SECTION IS SUBJECT TO THE FOLLOWING LIMITATIONS :
(a) T
HIS SECTION DOES NOT ALTER OR NEGATE ANY RIGHTS ,
OBLIGATIONS, OR IMMUNITIES OF AN INTERACTIVE COMPUTER SERVICE IN
ACCORDANCE WITH
47 U.S.C. SEC. 230, AS AMENDED, AND SHALL
OTHERWISE BE CONSTRUED IN A MANNER CONSISTENT WITH FEDERAL LAW
;
(b) T
HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION
BROADCASTING STATION
, INCLUDING A CABLE OR SATELLITE TELEVISION
OPERATOR
, PROGRAMMER , OR PRODUCER THAT BROADCASTS A
COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY SUBSECTION
(1) OF THIS SECTION AS PART OF A BONA FIDE NEWSCAST, NEWS INTERVIEW,
NEWS DOCUMENTARY , OR ON-THE-SPOT COVERAGE OF A BONA FIDE NEWS
EVENT
, IF THE BROADCAST OR PUBLICATION CLEARLY ACKNOWLEDGES
THROUGH CONTENT OR A DISCLOSURE
, IN A MANNER THAT CAN BE EASILY
HEARD AND UNDERSTOOD OR READ BY THE AVERAGE LISTENER OR VIEWER
,
THAT THERE ARE QUESTIONS ABOUT THE AUTHENTICITY OF THE DEEPFAKE
IN THE COMMUNICATION
;
(c) T
HIS SECTION DOES NOT APPLY TO A RADIO OR TELEVISION
BROADCASTING STATION
, INCLUDING A CABLE OR SATELLITE TELEVISION
OPERATOR
, PROGRAMMER, PRODUCER, OR STREAMING SERVICE, WHEN THE
STATION IS PAID TO BROADCAST A COMMUNICATION THAT INCLUDES A
DEEPFAKE
;
(d) T
HIS SECTION DOES NOT APPLY TO AN INTERNET WEBSITE , OR A
REGULARLY PUBLISHED NEWSPAPER
, MAGAZINE, OR OTHER PERIODICAL OF
GENERAL CIRCULATION
, INCLUDING AN INTERNET OR ELECTRONIC
PUBLICATION OR STREAMING SERVICE
, THAT ROUTINELY CARRIES NEWS AND
COMMENTARY OF GENERAL INTEREST AND THAT PUBLISHES A
COMMUNICATION THAT INCLUDES A DEEPFAKE PROHIBITED BY SUBSECTION
(1) OF THIS SECTION, IF THE PUBLICATION CLEARLY STATES THAT THE
PAGE 6-HOUSE BILL 24-1147 COMMUNICATION THAT INCLUDES THE DEEPFAKE DOES NOT ACCURATELY
REPRESENT A CANDIDATE FOR ELECTIVE OFFICE
;
(e) T
HIS SECTION DOES NOT APPLY TO MEDIA CONTENT THAT
CONSTITUTES SATIRE OR PARODY OR THE PRODUCTION OF WHICH IS
SUBSTANTIALLY DEPENDENT ON THE ABILITY OF AN INDIVIDUAL TO
PHYSICALLY OR VERBALLY IMPERSONATE THE CANDIDATE AND NOT UPON
GENERATIVE
AI OR OTHER TECHNICAL MEANS;
(f) T
HIS SECTION DOES NOT APPLY TO THE PROVIDER OF
TECHNOLOGY USED IN THE CREATION OF A DEEPFAKE
; AND
(g) THIS SECTION DOES NOT APPLY TO AN INTERACTIVE COMPUTER
SERVICE
, AS DEFINED IN 47 U.S.C. SEC. 230 (f)(2), FOR ANY CONTENT
PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER AS DEFINED IN
47
U.S.C.
SEC. 230 (f)(3).
(4) T
HE SECRETARY OF STATE SHALL PROMULGATE SUCH RULES , IN
ACCORDANCE WITH ARTICLE
4 OF TITLE 24, AS MAY BE NECESSARY TO
ADMINISTER AND ENFORCE ANY PROVISION OF THIS ARTICLE
46.
1-46-104. Enforcement - administrative hearing. A
NY PERSON
WHO BELIEVES THAT A VIOLATION OF SECTION
1-46-103, OR THE SECRETARY
OF STATE
'S RULES CONCERNING THE USE OF A DEEPFAKE IN A
COMMUNICATION CONCERNING A CANDIDATE FOR ELECTIVE OFFICE
, HAS
OCCURRED MAY FILE A WRITTEN COMPLAINT WITH THE OFFICE IN
ACCORDANCE WITH SECTION
1-45-111.7 (2). SUCH COMPLAINT SHALL BE
REVIEWED AND ADJUDICATED IN ACCORDANCE WITH SECTION
1-45-111.7
AND THE SECRETARY OF STATE 'S RULES FOR COMPLAINTS AND
ADMINISTRATIVE HEARINGS PURSUANT TO ARTICLE
45 OF THIS TITLE 1.
1-46-105. Civil action - injunctive relief - damages. (1) A
CANDIDATE WHOSE APPEARANCE , ACTION, OR SPEECH IS DEPICTED IN A
DEEPFAKE THAT IS INCLUDED IN A COMMUNICATION DISTRIBUTED IN
VIOLATION OF SECTION
1-46-103 MAY:
(a) S
EEK INJUNCTIVE OR OTHER EQUITABLE RELIEF PROHIBITING THE
DISTRIBUTION
, DISSEMINATION, PUBLICATION, BROADCAST, TRANSMISSION,
OR DISPLAY OF THE COMMUNICATION , AND PREVENTING THE DEFENDANT
FROM OTHERWISE FURTHER VIOLATING THIS ARTICLE
46;
PAGE 7-HOUSE BILL 24-1147 (b) BRING AN ACTION FOR COMPENSATORY AND PUNITIVE DAMAGES
AGAINST THE PERSON THAT DISTRIBUTED
, DISSEMINATED, PUBLISHED,
BROADCAST, TRANSMITTED, OR DISPLAYED THE COMMUNICATION ;
(c) S
EEK REASONABLE ATTORNEY FEES , FILING FEES, AND COSTS OF
ACTION
; AND
(d) SEEK ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY TO
ENFORCE THIS ARTICLE
46 AND REMEDY THE HARM CAUSED BY THE
VIOLATION OF SECTION
1-46-103.
(2) A
N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OF
THIS SECTION MUST BE HEARD BY THE DISTRICT COURT AT THE EARLIEST
PRACTICAL TIME
.
(3) A
N ACTION COMMENCED PURSUANT TO SUBSECTION (1)(a) OR
(1)(b) OF THIS SECTION DOES NOT LIMIT OR PRECLUDE A PLAINTIFF FROM
SECURING OR RECOVERING ANY OTHER AVAILABLE REMEDY
, OR FROM
SEEKING TO INSTITUTE A CRIMINAL ACTION AGAINST THE DEFENDANT
.
(4) I
N ANY CIVIL ACTION ALLEGING A VIOLATION OF SECTION
1-46-103, THE PLAINTIFF BEARS THE BURDEN OF ESTABLISHING THE
VIOLATION BY CLEAR AND CONVINCING EVIDENCE
.
1-46-106. Limitation. (1) N
OTHING IN THIS ARTICLE 46 LIMITS OR
IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL
, OR ANY
PERSON OR ENTITY
, TO PURSUE A LEGAL ACTION AGAINST A PERSON IN
CONNECTION WITH A DEEPFAKE PURSUANT TO ANY OTHER LAW
, CAUSE OF
ACTION
, TORT THEORY, OR OTHER AUTHORITY.
(2) N
OTHING IN THIS ARTICLE 46, EXEMPTS A PERSON WHO
KNOWINGLY OR RECKLESSLY DISTRIBUTES
, DISSEMINATES, PUBLISHES,
BROADCASTS, TRANSMITS, OR DISPLAYS A COMMUNICATION CONCERNING A
CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A FALSE STATEMENT
THROUGH A DEEPFAKE FROM CRIMINAL LIABILITY IN ACCORDANCE WITH
SECTION
1-13-109, OR ANY OTHER APPLICABLE PROVISION OF LAW .
SECTION 4. Effective date - applicability. This act takes effect
July 1, 2024, and applies to communications distributed on or after said
date.
PAGE 8-HOUSE BILL 24-1147 SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 24-1147