Connecticut 2024 Regular Session

Connecticut House Bill HB05450 Compare Versions

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3-LCO 1 of 6
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5-General Assembly Substitute Bill No. 5450
5+General Assembly Raised Bill No. 5450
66 February Session, 2024
7+LCO No. 2553
78
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10+Referred to Committee on GOVERNMENT ADMINISTRATION
11+AND ELECTIONS
12+
13+
14+Introduced by:
15+(GAE)
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1119
1220 AN ACT CONCERNING ARTIFICIAL INTELLIGENCE, DECEPTIVE
1321 SYNTHETIC MEDIA AND ELECTIONS.
1422 Be it enacted by the Senate and House of Representatives in General
1523 Assembly convened:
1624
1725 Section 1. (NEW) (Effective July 1, 2024) (a) As used in this section: 1
1826 (1) "Artificial intelligence" means a machine-based system that (A) 2
1927 can, for a given set of human-defined objectives, make predictions, 3
2028 recommendations or decisions influencing real or virtual environments, 4
2129 and (B) uses machine and human-based inputs to (i) perceive real and 5
2230 virtual environments, (ii) abstract such perceptions into models through 6
2331 analysis in an automated manner, and (iii) formulate options for 7
2432 information or action through model inference; 8
2533 (2) "Candidate" means any individual who seeks nomination for 9
2634 election, or election, to public office whether or not such individual is 10
2735 elected; 11
2836 (3) "Deceptive synthetic media" means any image, audio or video of 12
29-an individual, and any representation of such individual's appearance, 13
37+an individual, and any representation of such individual's appearance, 13 Raised Bill No. 5450
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3043 speech or conduct that is substantially derived from any such image, 14
3144 audio or video, which (A) a reasonable person would believe depicts the 15
3245 appearance, speech or conduct of such individual when such individual 16
33-did not in fact appear as depicted or engage in such speech or conduct, 17 Substitute Bill No. 5450
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46+did not in fact appear as depicted or engage in such speech or conduct, 17
3847 and (B) was generated, in whole or in part, through the use of artificial 18
39-intelligence or other means; 19
48+intelligence or other technological means; 19
4049 (4) "Election" has the same meaning as provided in section 9-1 of the 20
4150 general statutes; 21
4251 (5) "Individual" means a human being; 22
4352 (6) "Person" has the same meaning as provided in section 9-601 of the 23
4453 general statutes; and 24
4554 (7) "Primary" has the same meaning as provided in section 9-372 of 25
4655 the general statutes. 26
4756 (b) Except as provided in subsection (c) of this section, no person shall 27
4857 distribute, or enter into any agreement to distribute, a communication 28
4958 containing any image, audio or video of an individual during the 29
5059 ninety-day period preceding any election or primary if: 30
5160 (1) Such person knows or should reasonably know that such image, 31
5261 audio or video is deceptive synthetic media; 32
5362 (2) The communication containing such deceptive synthetic media is 33
5463 distributed without the consent of such individual; and 34
5564 (3) Such distribution is intended to injure a candidate or influence the 35
5665 result of such election or primary. 36
5766 (c) A person may distribute, or enter into an agreement to distribute, 37
5867 a communication containing deceptive synthetic media during the 38
5968 ninety-day period preceding a primary or election if: 39
6069 (1) For such deceptive synthetic media that: 40
61-(A) Is an image or consists only of an image, (i) a disclaimer stating 41
70+(A) Is an image or consists only of an image, (i) a disclaimer stating 41 Raised Bill No. 5450
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6276 "This communication contains an image that has been manipulated" or 42
6377 "This image has been manipulated", as applicable, appears in text that is 43
6478 clearly visible to and easily readable by the average viewer and is not 44
65-smaller than the largest font size of any other text appearing in such 45 Substitute Bill No. 5450
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79+smaller than the largest font size of any other text appearing in such 45
7080 communication, and (ii) in the case of any such image that was 46
7181 generated by editing or manipulating an existing image, a citation 47
7282 directing such viewer to the original source from which the unedited or 48
7383 unmanipulated version of such existing image was obtained; 49
7484 (B) Consists only of audio, (i) a disclaimer stating "This 50
7585 communication contains audio that has been manipulated" is read in a 51
7686 clearly spoken manner, in a pitch that can be easily heard by the average 52
7787 listener and in the same language as the deceptive synthetic media and 53
7888 any other language such person should reasonably expect such listener 54
7989 to speak or understand, and which disclaimer shall be so read at the 55
8090 beginning of such communication, at the end of such communication 56
8191 and, if such communication is greater than one minute in length, 57
8292 interspersed within such communication at not less frequently than 58
8393 thirty-second intervals, and (ii) in the case of any such audio that was 59
8494 generated by editing or manipulating existing audio, a citation directing 60
8595 such listener to the original source from which the unedited or 61
8696 unmanipulated version of such existing audio was obtained; or 62
8797 (C) Is a video, (i) a disclaimer stating "This communication contains 63
8898 video that has been manipulated" appears in text that is clearly visible 64
8999 to and easily readable by the average viewer, is not smaller than the 65
90100 largest font size of any other text appearing in such communication and 66
91-is in the same language as the deceptive synthetic media and any other 67
101+in the same language as the deceptive synthetic media and any other 67
92102 language such person should reasonably expect such viewer to speak or 68
93103 understand, and which disclaimer shall appear for the duration of such 69
94104 communication, and (ii) in the case of any such video that was generated 70
95105 by editing or manipulating an existing video, a citation directing such 71
96106 viewer to the original source from which the unedited or 72
97107 unmanipulated version of such existing video was obtained; or 73
98-(2) Such person is: 74
108+(2) Such person is: 74 Raised Bill No. 5450
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99114 (A) A radio station or television station, whether broadcast, cable or 75
100115 satellite and including, but not limited to, any producer or programmer 76
101-or any certified competitive video service provider, community antenna 77 Substitute Bill No. 5450
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116+or any certified competitive video service provider, community antenna 77
106117 television company, holder of a certificate of cable franchise authority 78
107118 or holder of a certificate of video franchise authority, as those terms are 79
108119 defined in section 16-1 of the general statutes, that (i) broadcasts such 80
109120 communication containing deceptive synthetic media as part of a bona 81
110121 fide newscast, news interview, news documentary or other on-the-spot 82
111122 coverage of bona fide news events, (ii) (I) retains the disclaimer upon 83
112123 such communication required under subdivision (1) of this subsection, 84
113124 or (II) except in the case of any such on-the-spot coverage, adds such a 85
114125 disclaimer at the time of such broadcast if such communication did not 86
115126 previously include such a disclaimer, and (iii) except in the case of any 87
116127 such on-the-spot coverage for which such person does not have reason 88
117128 to believe that such communication contains deceptive synthetic media, 89
118129 clearly states in the content of such broadcast that such communication 90
119130 contains deceptive synthetic media; or 91
120131 (B) An Internet web site or regularly published newspaper, magazine 92
121132 or other periodical of general circulation, including, but not limited to, 93
122133 any regularly published periodical of general circulation that is 94
123134 published electronically or on the Internet, that (i) publishes such 95
124135 communication containing deceptive synthetic media as part of such 96
125136 person's routine carriage of news and commentary of general interest, 97
126137 (ii) (I) retains the disclaimer upon such communication required under 98
127138 subdivision (1) of this subsection, or (II) adds such a disclaimer at the 99
128139 time of such publication if such communication did not previously 100
129140 include such a disclaimer, and (iii) clearly states in the content of such 101
130141 publication that such communication contains deceptive synthetic 102
131142 media. 103
132143 (d) (1) Any person who violates the provisions of this section shall be 104
133144 guilty of a class C misdemeanor, except that: 105
134145 (A) If such violation was committed with the intent to cause violence 106
135-or bodily harm, or to distribute deceptive synthetic media to an 107
136-audience and such audience exceeds ten thousand individuals, such 108
137-person shall be guilty of a class A misdemeanor; and 109 Substitute Bill No. 5450
146+or bodily harm, or to distribute deceptive synthetic media to an 107 Raised Bill No. 5450
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152+audience and such audience exceeds ten thousand individuals, such 108
153+person shall be guilty of a class A misdemeanor; and 109
142154 (B) If such violation was committed less than five years after a prior 110
143155 conviction under this section, such person shall be guilty of a class D 111
144156 felony. 112
145157 (2) Any penalty imposed under subdivision (1) of this subsection 113
146158 shall be in addition to any injunctive or other equitable relief or any 114
147159 general or special damages ordered under subsection (e) of this section. 115
148160 (e) (1) (A) The Attorney General, an individual described in 116
149161 subsection (b) of this section, or a candidate who has been or is likely to 117
150162 be injured by the distribution of a communication containing deceptive 118
151163 synthetic media in violation of the provisions of this section, may 119
152164 commence a civil action in a court of competent jurisdiction seeking to 120
153165 permanently enjoin any person whose violation of the provisions of this 121
154166 section is reasonably believed to be imminent, or who is in the course of 122
155167 violating the provisions of this section, and other equitable relief. 123
156168 (B) An individual described in subsection (b) of this section, or a 124
157169 candidate who has been injured by the distribution of a communication 125
158170 containing deceptive synthetic media in violation of the provisions of 126
159171 this section, may commence a civil action in a court of competent 127
160172 jurisdiction seeking to recover general or special damages resulting 128
161173 from such distribution. 129
162174 (2) In any civil action commenced under subdivision (1) of this 130
163175 subsection, the plaintiff shall bear the burden of proving by clear and 131
164176 convincing evidence that the defendant distributed, or will imminently 132
165177 distribute, a communication containing deceptive synthetic media in 133
166178 violation of the provisions of this section. 134
167179 (3) Any party, other than the Attorney General, who prevails in a civil 135
168180 action commenced under subdivision (1) of this subsection shall be 136
169-awarded reasonable attorney's fees and costs to be taxed by the court. 137
181+awarded reasonable attorney's fees and costs to be taxed by the court. 137 Raised Bill No. 5450
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170187 This act shall take effect as follows and shall amend the following
171188 sections:
172- Substitute Bill No. 5450
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176189
177190 Section 1 July 1, 2024 New section
178191
179-GAE Joint Favorable Subst.
192+Statement of Purpose:
193+To prohibit distribution of certain deceptive synthetic media within the
194+ninety-day period preceding an election or primary.
195+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
196+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
197+underlined.]
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