Georgia 2023-2024 Regular Session

Georgia House Bill HB986 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 49 1918S
2		-	The Senate Committee on Judiciary offered the following
3		-	substitute to HB 986:
	1	+	24 LC 56 0131S
	2	+	House Bill 986 (COMMITTEE SUBSTITUTE)
	3	+	By: Representatives Thomas of the 21
	4	+	st
	5	+	, Jones of the 25
	6	+	th
	7	+	, Jasperse of the 11
	8	+	th
	9	+	, Camp of the
	10	+	135
	11	+	th
	12	+	, Gunter of the 8
	13	+	th
	14	+	, and others
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to1
	17	+	To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to
	18	+	1
7	19		establish the criminal offenses of fraudulent election interference and solicitation of such; to2
8	20		provide for definitions; to provide for exceptions; to provide for the Attorney General to have3
9	21		concurrent jurisdiction over such crimes; to provide for punishment; to provide for injunctive4
10	22		relief; to provide for the State Election Board to publish results of investigations into such5
11	23		offenses; to provide for certain disclaimers on campaign advertisements that use AI6
12	24		generated media; to provide for the form of such disclaimers; to provide for definitions; to7
13	25		provide for legislative findings and intent; to provide for related matters; to provide for an8
14	26		effective date; to repeal conflicting laws; and for other purposes.9
15	27		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
16	28		PART I11
17	29		SECTION 1-1.12
18	30		The General Assembly finds:13
19	31		(1) The significant and rapid increase in use and advancements of artificial intelligence14
20	32		and other sophisticated technologies poses a unique danger to the State of Georgia's free15
21	33		and fair system of elections;16
22		-	- 1 - 24 LC 49 1918S
23		-	(2) Artificial intelligence and other technologies now allow individuals, both in good faith17
	34	+	H. B. 986 (SUB)
	35	+	- 1 - 24 LC 56 0131S
	36	+	(2) Artificial intelligence and other technologies now allow individuals, both in good faith
	37	+	17
24	38		and bad faith, to create AI generated media that falsely depicts conduct that appears to be18
25	39		real;19
26	40		(3) The state and its citizens have the utmost rights to both free and fair elections and20
27	41		freedom of speech; and21
28	42		(4) This Act is narrowly tailored for the purpose of protection against the use of deceptive22
29	43		media in bad faith to influence elections by reducing certain candidates' chances of being23
30	44		elected or by suppressing voter turnout through mass confusion.24
31	45		PART II25
32	46		SECTION 2-1.26
33	47		Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in27
34	48		Chapter 2, relating to elections and primaries generally, by adding a new Code section to28
35	49		read as follows:29
36		-	"21-2-605.30
	50	+	"21-2-605.
	51	+	30
37	52		(a) As used in this Code section, the term:31
38	53		(1) 'Election' shall have the same meaning as provided in Code Section 21-5-3.32
39	54		(2) 'Materially deceptive media' means a video recording, video file, audio recording, or33
40	55		audio file, still image, or still image file that:34
41	56		(A) Appears to depict a real individual's speech or conduct that did not occur in reality;35
42	57		and36
43	58		(B) Would appear to a reasonable observer to be authentic.37
44	59		(3) 'Person' means any employee, staff member, or other similarly affiliated individual38
45	60		of a political party, political body, candidate, campaign committee, political action39
46	61		committee, or any other political committee. Such term shall not include a broadcaster,40
47		-	cable provider, online service, internet service provider, streaming platform, or any41
48		-	- 2 - 24 LC 49 1918S
49		-	employees or agents thereof, who otherwise would not fall under this definition of person42
50		-	except for their sale of advertising to a person as defined in this paragraph.43
	62	+	cable provider, online service, streaming platform, or any employees or agents thereof,41
	63	+	H. B. 986 (SUB)
	64	+	- 2 - 24 LC 56 0131S
	65	+	who otherwise would not fall under this definition of person except for their sale of42
	66	+	advertising to a person as defined in this paragraph.43
51	67		(b) A person commits the offense of fraudulent election interference if he or she, with44
52	68		knowledge of its falsity, publishes, broadcasts, streams, or uploads materially deceptive45
53	69		media within 90 days of an election with the intent to deceive one or more electors for the46
54	70		purpose of:47
55	71		(1) Significantly influencing a candidate's chance of being elected in such election;48
56	72		(2) Creating confusion about the administration of such election; or49
57	73		(3) Otherwise influencing the result of such referendum.50
58	74		(c) A person commits the offense of solicitation of fraudulent election interference when51
59	75		he or she, with the intent that a violation proscribed by subsection (b) of this Code section52
60	76		be committed, commands, encourages, or requests any individual to commit a violation53
61	77		proscribed by subsection (b) of this Code section.54
62	78		(d) Nothing in this Code section shall apply to activities protected by the First Amendment55
63	79		to the United States Constitution, including, but not limited to, satire, parody, works of56
64	80		artistic expression, or works of journalism by bona fide news organizations.57
65	81		(e) A person who commits an offense under this Code section shall be guilty of a felony58
66	82		and, upon conviction thereof, shall be punished by imprisonment for not less than two59
67	83		years nor more than five years and by a fine not to exceed $50,000.00.60
68	84		(f) For prosecutions under this Code section, venue shall be proper in any county in this61
69	85		state where:62
70	86		(1) Any act was committed in furtherance of the unlawful conduct;63
71		-	(2) The candidate affected by the alleged violation resides;64
72		-	(3) The defendant resided at the time of the alleged violation; or65
73		-	(4) The materially deceptive media is received.66
74		-	(g) The Attorney General shall have concurrent jurisdiction to conduct the criminal67
75		-	prosecution of a violation of this Code section. A criminal prosecution for a violation of68
76		-	- 3 - 24 LC 49 1918S
77		-	this Code section shall only be initiated upon the Attorney General receiving a69
78		-	recommendation to prosecute from the State Election Board.70
79		-	(h) In addition to any other remedy provided by law, a cause of action for injunctive relief71
80		-	may be maintained against any person who is in violation of this Code section, by:72
81		-	(1) An individual depicted in the materially deceptive media;73
82		-	(2) The Attorney General; or74
83		-	(3) A candidate for office who has been injured or is likely to be injured by the75
84		-	distribution of the materially deceptive media."76
85		-	SECTION 2-2.77
86		-	Said chapter is further amended in Code Section 21-2-31, relating to duties of the State78
87		-	Election Board, by revising paragraph (5) as follows:79
88		-	"(5) To investigate, or authorize the Secretary of State to investigate, when necessary or80
89		-	advisable the administration of primary and election laws and frauds and irregularities in81
90		-	primaries and elections and to report violations of the primary and election laws either82
91		-	to the Attorney General or the appropriate district attorney who shall be responsible for83
92		-	further investigation and prosecution. Except as provided in Code Section 21-2-605,84
93		-	nothing Nothing in this paragraph shall be so construed as to require any complaining85
94		-	party to request an investigation by the board before such party might proceed to seek any86
95		-	other remedy available to that party under this chapter or any other provision of law;"87
96		-	SECTION 2-3.88
97		-	Said chapter is further amended in Code Section 21-2-33.1, relating to enforcement of89
98		-	chapter, suspension of election superintendents, and support and assistance from the90
99		-	Secretary of State, by adding a new subsection to read as follows:91
100		-	- 4 - 24 LC 49 1918S
101		-	"(a.1) In any investigation stemming from an alleged violation of Code Section 21-2-605,92
102		-	the State Election Board shall release to the public the findings of any completed93
103		-	investigation."94
104		-	SECTION 2-4.95
105		-	Title 21 of the Official Code of Georgia Annotated, relating to elections, is further amended96
106		-	in Chapter 5, relating to government transparency and campaign finance, by adding a new97
107		-	article to read as follows:98
108		-	"ARTICLE 599
109		-	21-5-90.100
110		-	As used in this article, the term:101
111		-	(1) 'AI generated media' means a video recording, video file, audio recording, audio file,102
112		-	still image, or still image file that:103
113		-	(A) Is created through the use of an artificial intelligence system;104
114		-	(B) Depicts a real individual's speech or conduct that did not occur in reality; and105
115		-	(C) Appears to a reasonable observer to be authentic.106
116		-	(2) 'Artificial intelligence system' means an engineered or machine based system that107
117		-	emulates the capability of a person to receive audio, visual, text, or any other form of108
118		-	information and use the information received to emulate a human cognitive process,109
119		-	including, but not limited to, learning, generalizing, reasoning, planning, predicting,110
120		-	acting, or communicating; provided, however, that artificial intelligence systems may111
121		-	vary in the forms of information they can receive and in the human cognitive processes112
122		-	they can emulate.113
123		-	(3) 'Campaign advertisement' means any campaign material, commercial, advertisement,114
124		-	or other media designed to bring about the nomination or election of an individual to any115
125		-	- 5 - 24 LC 49 1918S
126		-	elected office; designed to bring about the recall of a public officer holding elective office116
127		-	or to oppose the recall of a public officer holding elective office; or designed to bring117
128		-	about the approval or rejection by the voters of any proposed constitutional amendment,118
129		-	a state-wide referendum, or a proposed question which is to appear on the ballot in this119
130		-	state or in a county or a municipal election in this state.120
131		-	21-5-91.121
132		-	(a) Notwithstanding the prohibitions contained in Code Section 21-2-605, any person may122
133		-	use AI generated content in any campaign advertisement, so long as the campaign123
134		-	advertisement discloses, in accordance with the provisions of Code Section 21-5-92:124
135		-	(1) The name of the candidate or candidates or campaign committee or committees that125
136		-	created, sponsored, and paid for the campaign advertisement;126
137		-	(2) The name of each person who is being impersonated;127
138		-	(3) That events depicted may not have actually occurred; and128
139		-	(4) That artificial intelligence was used to make part or all of the content of the campaign129
140		-	advertisement.130
141		-	(b) Minor editing of a piece of existing audio or visual media shall not require disclosure131
142		-	under this Code section when such minor editing would not substantially change an132
143		-	observer's understanding of such media.133
144		-	21-5-92.134
145		-	The disclosure provided for in Code Section 21-5-91 shall meet the following135
146		-	requirements:136
147		-	(1) For each campaign advertisement that involves the use, in whole or in part, of visual137
148		-	media, such disclosure:138
149		-	(A) Shall be in writing and completed in each written language used in the remainder139
150		-	of the advertisement; and140
151		-	- 6 - 24 LC 49 1918S
152		-	(B) Shall be clearly readable, which shall mean that the text of the disclosure shall:141
153		-	(i) Be equal to or greater than 30 percent of the vertical picture height;142
154		-	(ii) Be visible for a period of at least 30 percent of the media, in the case of moving143
155		-	images and video; and144
156		-	(iii) Appear with a reasonable degree of color contrast between the background and145
157		-	the text of the statement. A statement satisfies the color contrast requirement of this146
158		-	division if it is printed in black text on a white background or if the degree of color147
159		-	contrast between the background and the text of the statement is no less than the color148
160		-	contrast between the background and the largest type size used in the communication;149
161		-	and150
162		-	(2) For each campaign advertisement that involves the use of audible media but does not151
163		-	involve the use of any visual media, such disclosure shall be announced, articulated,152
164		-	spoken, or otherwise rendered completely using the same audible volume, the same rate153
165		-	of speaking as measured in words per minute, and each spoken language as used in the154
166		-	remainder of the advertisement.155
167		-	21-5-93.156
168		-	(a) Each violation of this article shall be punishable by a fine pursuant to the provisions157
169		-	of Code Section 21-5-6, except that the amount of such fine shall not be less than158
170		-	$10,000.00.159
171		-	(b) Any violation of this article involving the use of AI generated media in a solicitation160
172		-	for fundraising shall be punishable by disgorgement of any funds raised within ten days of161
173		-	such solicitation.162
174		-	(c) Except as described in subsection (a) of this Code section, nothing in this Code section163
175		-	shall be construed so as to limit the powers or remedies available to the commission.164
176		-	- 7 - 24 LC 49 1918S
177		-	(d) Notwithstanding any other provision of law to the contrary, the commission shall be165
178		-	authorized to investigate any complaint concerning a violation of this article within 90 days166
179		-	of an election.167
180		-	21-5-94.168
181		-	The commission shall be authorized to promulgate such rules and regulations as may be169
182		-	necessary for the execution of its functions under this article."170
183		-	PART III171
184		-	SECTION 3-1.172
185		-	This Act shall become effective upon its approval by the Governor or upon its becoming law173
186		-	without such approval.174
187		-	SECTION 3-2.175
188		-	All laws and parts of laws in conflict with this Act are repealed.176
	87	+	(2) The candidate affected by the alleged violation resides; or64
	88	+	(3) The defendant resided at the time of the alleged violation.65
	89	+	(g) The Attorney General shall have concurrent jurisdiction to conduct the criminal66
	90	+	prosecution of a violation of this Code section. A criminal prosecution for a violation of67
	91	+	H. B. 986 (SUB)
	92	+	- 3 - 24 LC 56 0131S
	93	+	this Code section shall only be initiated upon the Attorney General receiving a68
	94	+	recommendation to prosecute from the State Election Board.69
	95	+	(h) In addition to any other remedy provided by law, a cause of action for injunctive relief70
	96	+	may be maintained against any person who is in violation of this Code section, by:71
	97	+	(1) An individual depicted in the materially deceptive media;72
	98	+	(2) The Attorney General;73
	99	+	(3) A candidate for office who has been injured or is likely to be injured by the74
	100	+	distribution of the materially deceptive media; or75
	101	+	(4) Any organization that represents the interests of voters likely to be deceived by the76
	102	+	distribution of the materially deceptive media."77
	103	+	SECTION 2-2.78
	104	+	Said chapter is further amended in Code Section 21-2-31, relating to duties of the State79
	105	+	Election Board, by revising paragraph (5) as follows:80
	106	+	"(5) To investigate, or authorize the Secretary of State to investigate, when necessary or81
	107	+	advisable the administration of primary and election laws and frauds and irregularities in82
	108	+	primaries and elections and to report violations of the primary and election laws either83
	109	+	to the Attorney General or the appropriate district attorney who shall be responsible for84
	110	+	further investigation and prosecution. Except as provided in Code Section 21-2-605,85
	111	+	nothing Nothing in this paragraph shall be so construed as to require any complaining86
	112	+	party to request an investigation by the board before such party might proceed to seek any87
	113	+	other remedy available to that party under this chapter or any other provision of law;"88
	114	+	SECTION 2-3.89
	115	+	Said chapter is further amended in Code Section 21-2-33.1, relating to enforcement of90
	116	+	chapter, suspension of election superintendents, and support and assistance from the91
	117	+	Secretary of State, by adding a new subsection to read as follows:92
	118	+	H. B. 986 (SUB)
	119	+	- 4 - 24 LC 56 0131S
	120	+	"(a.1) In any investigation stemming from an alleged violation of Code Section 21-2-605,93
	121	+	the State Election Board shall release to the public the findings of any completed94
	122	+	investigation."95
	123	+	SECTION 2-4.96
	124	+	Title 21 of the Official Code of Georgia Annotated, relating to elections, is further amended97
	125	+	in Chapter 5, relating to government transparency and campaign finance, by adding a new98
	126	+	article to read as follows:99
	127	+	"ARTICLE 5100
	128	+	21-5-90.101
	129	+	As used in this article, the term:102
	130	+	(1) 'AI generated media' means a video recording, video file, audio recording, audio file,103
	131	+	still image, or still image file that:104
	132	+	(A) Is created through the use of an artificial intelligence system;105
	133	+	(B) Depicts a real individual's speech or conduct that did not occur in reality; and106
	134	+	(C) Appears to a reasonable observer to be authentic.107
	135	+	(2) 'Artificial intelligence system' means an engineered or machine based system that108
	136	+	emulates the capability of a person to receive audio, visual, text, or any other form of109
	137	+	information and use the information received to emulate a human cognitive process,110
	138	+	including, but not limited to, learning, generalizing, reasoning, planning, predicting,111
	139	+	acting, or communicating; provided, however, that artificial intelligence systems may112
	140	+	vary in the forms of information they can receive and in the human cognitive processes113
	141	+	they can emulate.114
	142	+	(3) 'Campaign advertisement' means any campaign material, commercial, advertisement,115
	143	+	or other media designed to bring about the nomination or election of an individual to any116
	144	+	H. B. 986 (SUB)
	145	+	- 5 - 24 LC 56 0131S
	146	+	elected office; designed to bring about the recall of a public officer holding elective office117
	147	+	or to oppose the recall of a public officer holding elective office; or designed to bring118
	148	+	about the approval or rejection by the voters of any proposed constitutional amendment,119
	149	+	a state-wide referendum, or a proposed question which is to appear on the ballot in this120
	150	+	state or in a county or a municipal election in this state.121
	151	+	21-5-91.122
	152	+	(a) Notwithstanding the prohibitions contained in Code Section 21-2-605, any person may123
	153	+	use AI generated content in any campaign advertisement, so long as the campaign124
	154	+	advertisement discloses, in accordance with the provisions of Code Section 21-5-92:125
	155	+	(1) The name of the candidate or candidates or campaign committee or committees that126
	156	+	created, sponsored, and paid for the campaign advertisement;127
	157	+	(2) The name of each person who is being impersonated;128
	158	+	(3) That events depicted may not have actually occurred; and129
	159	+	(4) That artificial intelligence was used to make part or all of the content of the campaign130
	160	+	advertisement.131
	161	+	(b) Minor editing of a piece of existing audio or visual media shall not require disclosure132
	162	+	under this Code section when such minor editing would not substantially change an133
	163	+	observer's understanding of such media.134
	164	+	21-5-92.135
	165	+	The disclosure provided for in Code Section 21-5-91 shall meet the following136
	166	+	requirements:137
	167	+	(1) For each campaign advertisement that involves the use, in whole or in part, of visual138
	168	+	media, such disclosure:139
	169	+	(A) Shall be in writing and completed in each written language used in the remainder140
	170	+	of the advertisement; and141
	171	+	H. B. 986 (SUB)
	172	+	- 6 - 24 LC 56 0131S
	173	+	(B) Shall be clearly readable, which shall mean that the text of the disclosure shall:142
	174	+	(i) Appear in letters equal to or greater than 30 percent of the vertical picture height;143
	175	+	(ii) Be visible for a period of at least 30 percent of the media, in the case of moving144
	176	+	images and video; and145
	177	+	(iii) Appear with a reasonable degree of color contrast between the background and146
	178	+	the text of the statement. A statement satisfies the color contrast requirement of this147
	179	+	division if it is printed in black text on a white background or if the degree of color148
	180	+	contrast between the background and the text of the statement is no less than the color149
	181	+	contrast between the background and the largest type size used in the communication;150
	182	+	and151
	183	+	(2) For each campaign advertisement that involves the use of audible media but does not152
	184	+	involve the use of any visual media, such disclosure shall be announced, articulated,153
	185	+	spoken, or otherwise rendered completely using the same audible volume, the same rate154
	186	+	of speaking as measured in words per minute, and each spoken language as used in the155
	187	+	remainder of the advertisement.156
	188	+	21-5-93.157
	189	+	(a) Each violation of this article shall be punishable by a fine pursuant to the provisions158
	190	+	of Code Section 21-5-6, except that the amount of such fine shall not be less than159
	191	+	$10,000.00.160
	192	+	(b) Any violation of this article involving the use of AI generated media in a solicitation161
	193	+	for fundraising shall be punishable by disgorgement of any funds raised within ten days of162
	194	+	such solicitation.163
	195	+	(c) Except as described in subsection (a) of this Code section, nothing in this Code section164
	196	+	shall be construed so as to limit the powers or remedies available to the commission.165
	197	+	H. B. 986 (SUB)
	198	+	- 7 - 24 LC 56 0131S
	199	+	(d) Notwithstanding any other provision of law to the contrary, the commission shall be166
	200	+	authorized to investigate any complaint concerning a violation of this article within 90 days167
	201	+	of an election.168
	202	+	21-5-94.169
	203	+	The commission shall be authorized to promulgate such rules and regulations as may be170
	204	+	necessary for the execution of its functions under this article."171
	205	+	PART III172
	206	+	SECTION 3-1.173
	207	+	This Act shall become effective upon its approval by the Governor or upon its becoming law174
	208	+	without such approval.175
	209	+	SECTION 3-2.176
	210	+	All laws and parts of laws in conflict with this Act are repealed.177
	211	+	H. B. 986 (SUB)
189	212		- 8 -