Indiana 2024 Regular Session

Indiana House Bill HB1225 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1225
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-14-1-18; IC 24-5; IC 35-52-3-12.1.
7	7	Synopsis: Use of fabricated media. Defines "fabricated media" as
8	8	recorded audio, a recorded image, or recorded video of an individual's
9	9	speech, appearance, or conduct: (1) that has been altered without the
10	10	individual's consent such that: (A) the media conveys a materially
11	11	inaccurate depiction of the individual's speech, appearance, or conduct;
12	12	and (B) a reasonable person would be unable to recognize that the
13	13	recording has been altered; or (2) in which an artificially generated
14	14	audio or video imitation of an individual that: (A) has been created
15	15	without the individual's consent; and (B) is sufficiently lifelike that a
16	16	reasonable person would be unable to distinguish the speech or
17	17	appearance of the imitation from the speech or appearance of the
18	18	individual; is used to convey a fictional depiction of the individual's
19	19	speech, appearance, or conduct. Provides that a person who pays for or
20	20	sponsors a political campaign advertisement that: (1) expressly
21	21	advocates for the defeat of a clearly identified candidate; and (2)
22	22	includes fabricated media that: (A) depicts the identified candidate;
23	23	and (B) was created without the consent of the identified candidate;
24	24	commits a Class A misdemeanor and is subject to a civil action by the
25	25	identified candidate. Provides that a person that pays for the creation
26	26	of a publicly disseminated advertisement that: (1) includes fabricated
27	27	media depicting a living individual without the consent of the
28	28	individual; or (2) includes fabricated media depicting a deceased
29	29	individual without the consent of the person entitled to exercise and
30	30	enforce the individual's rights of publicity; commits a deceptive act that
31	31	is actionable by the attorney general and is subject to a civil action by
32	32	the individual or by the person entitled to exercise and enforce the
33	33	individual's rights of publicity.
34	34	Effective: July 1, 2024.
35	35	Miller K, Johnson B
36	36	January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
37	37	2024 IN 1225—LS 6765/DI 119 Introduced
38	38	Second Regular Session of the 123rd General Assembly (2024)
39	39	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
40	40	Constitution) is being amended, the text of the existing provision will appear in this style type,
41	41	additions will appear in this style type, and deletions will appear in this style type.
42	42	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
43	43	provision adopted), the text of the new provision will appear in this style type. Also, the
44	44	word NEW will appear in that style type in the introductory clause of each SECTION that adds
45	45	a new provision to the Indiana Code or the Indiana Constitution.
46	46	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
47	47	between statutes enacted by the 2023 Regular Session of the General Assembly.
48	48	HOUSE BILL No. 1225
49	49	A BILL FOR AN ACT to amend the Indiana Code concerning
50	50	technology.
51	51	Be it enacted by the General Assembly of the State of Indiana:
52	52	1 SECTION 1. IC 3-14-1-18 IS ADDED TO THE INDIANA CODE
53	53	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
54	54	3 1, 2024]: Sec. 18. (a) The following definitions apply throughout
55	55	4 this section:
56	56	5 (1) "Campaign advertisement" means a communication that
57	57	6 is subject to IC 3-9-3-2.5.
58	58	7 (2) "Fabricated media" means either of the following:
59	59	8 (A) Media that includes an audio or visual recording of an
60	60	9 individual's speech, appearance, or conduct that has been
61	61	10 altered without the individual's consent such that:
62	62	11 (i) the media conveys a materially inaccurate depiction
63	63	12 of the individual's speech, appearance, or conduct as
64	64	13 recorded in the unaltered recording; and
65	65	14 (ii) a reasonable person would be unable to recognize
66	66	15 that the recording has been altered.
67	67	16 (B) Media in which an artificially generated audio or video
68	68	17 imitation of an individual that:
69	69	2024 IN 1225—LS 6765/DI 119 2
70	70	1 (i) has been created without the individual's consent; and
71	71	2 (ii) is sufficiently lifelike that a reasonable person would
72	72	3 be unable to distinguish the speech or appearance of the
73	73	4 imitation from the speech or appearance of the
74	74	5 individual;
75	75	6 is used to convey a fictional depiction of the individual's
76	76	7 speech, appearance, or conduct.
77	77	8 (3) "Media" means:
78	78	9 (A) recorded audio;
79	79	10 (B) a recorded image; or
80	80	11 (C) recorded video.
81	81	12 (b) A person that pays for or sponsors a campaign
82	82	13 advertisement that:
83	83	14 (1) expressly advocates for the defeat of a clearly identified
84	84	15 candidate; and
85	85	16 (2) includes fabricated media that:
86	86	17 (A) depicts the candidate described in subdivision (1); and
87	87	18 (B) was created without the consent of the candidate
88	88	19 described in subdivision (1);
89	89	20 commits a Class A misdemeanor.
90	90	21 (c) A candidate depicted in fabricated media that is included in
91	91	22 a campaign advertisement in violation of subsection (b) may bring
92	92	23 a civil action against:
93	93	24 (1) the person that paid for the communication; and
94	94	25 (2) the person that sponsored the communication.
95	95	26 (d) A plaintiff who prevails in an action brought under
96	96	27 subsection (c) is entitled to recover:
97	97	28 (1) the plaintiff's actual damages;
98	98	29 (2) injunctive relief; and
99	99	30 (3) the amount of any court costs and reasonable attorney's
100	100	31 fees incurred by the plaintiff in connection with the action.
101	101	32 (e) A court shall expedite the hearing of an action brought under
102	102	33 this section.
103	103	34 SECTION 2. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
104	104	35 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
105	105	36 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
106	106	37 abusive, or deceptive act, omission, or practice in connection with a
107	107	38 consumer transaction. Such an act, omission, or practice by a supplier
108	108	39 is a violation of this chapter whether it occurs before, during, or after
109	109	40 the transaction. An act, omission, or practice prohibited by this section
110	110	41 includes both implicit and explicit misrepresentations.
111	111	42 (b) Without limiting the scope of subsection (a), the following acts,
112	112	2024 IN 1225—LS 6765/DI 119 3
113	113	1 and the following representations as to the subject matter of a
114	114	2 consumer transaction, made orally, in writing, or by electronic
115	115	3 communication, by a supplier, are deceptive acts:
116	116	4 (1) That such subject of a consumer transaction has sponsorship,
117	117	5 approval, performance, characteristics, accessories, uses, or
118	118	6 benefits it does not have which the supplier knows or should
119	119	7 reasonably know it does not have.
120	120	8 (2) That such subject of a consumer transaction is of a particular
121	121	9 standard, quality, grade, style, or model, if it is not and if the
122	122	10 supplier knows or should reasonably know that it is not.
123	123	11 (3) That such subject of a consumer transaction is new or unused,
124	124	12 if it is not and if the supplier knows or should reasonably know
125	125	13 that it is not.
126	126	14 (4) That such subject of a consumer transaction will be supplied
127	127	15 to the public in greater quantity than the supplier intends or
128	128	16 reasonably expects.
129	129	17 (5) That replacement or repair constituting the subject of a
130	130	18 consumer transaction is needed, if it is not and if the supplier
131	131	19 knows or should reasonably know that it is not.
132	132	20 (6) That a specific price advantage exists as to such subject of a
133	133	21 consumer transaction, if it does not and if the supplier knows or
134	134	22 should reasonably know that it does not.
135	135	23 (7) That the supplier has a sponsorship, approval, or affiliation in
136	136	24 such consumer transaction the supplier does not have, and which
137	137	25 the supplier knows or should reasonably know that the supplier
138	138	26 does not have.
139	139	27 (8) That such consumer transaction involves or does not involve
140	140	28 a warranty, a disclaimer of warranties, or other rights, remedies,
141	141	29 or obligations, if the representation is false and if the supplier
142	142	30 knows or should reasonably know that the representation is false.
143	143	31 (9) That the consumer will receive a rebate, discount, or other
144	144	32 benefit as an inducement for entering into a sale or lease in return
145	145	33 for giving the supplier the names of prospective consumers or
146	146	34 otherwise helping the supplier to enter into other consumer
147	147	35 transactions, if earning the benefit, rebate, or discount is
148	148	36 contingent upon the occurrence of an event subsequent to the time
149	149	37 the consumer agrees to the purchase or lease.
150	150	38 (10) That the supplier is able to deliver or complete the subject of
151	151	39 the consumer transaction within a stated period of time, when the
152	152	40 supplier knows or should reasonably know the supplier could not.
153	153	41 If no time period has been stated by the supplier, there is a
154	154	42 presumption that the supplier has represented that the supplier
155	155	2024 IN 1225—LS 6765/DI 119 4
156	156	1 will deliver or complete the subject of the consumer transaction
157	157	2 within a reasonable time, according to the course of dealing or the
158	158	3 usage of the trade.
159	159	4 (11) That the consumer will be able to purchase the subject of the
160	160	5 consumer transaction as advertised by the supplier, if the supplier
161	161	6 does not intend to sell it.
162	162	7 (12) That the replacement or repair constituting the subject of a
163	163	8 consumer transaction can be made by the supplier for the estimate
164	164	9 the supplier gives a customer for the replacement or repair, if the
165	165	10 specified work is completed and:
166	166	11 (A) the cost exceeds the estimate by an amount equal to or
167	167	12 greater than ten percent (10%) of the estimate;
168	168	13 (B) the supplier did not obtain written permission from the
169	169	14 customer to authorize the supplier to complete the work even
170	170	15 if the cost would exceed the amounts specified in clause (A);
171	171	16 (C) the total cost for services and parts for a single transaction
172	172	17 is more than seven hundred fifty dollars ($750); and
173	173	18 (D) the supplier knew or reasonably should have known that
174	174	19 the cost would exceed the estimate in the amounts specified in
175	175	20 clause (A).
176	176	21 (13) That the replacement or repair constituting the subject of a
177	177	22 consumer transaction is needed, and that the supplier disposes of
178	178	23 the part repaired or replaced earlier than seventy-two (72) hours
179	179	24 after both:
180	180	25 (A) the customer has been notified that the work has been
181	181	26 completed; and
182	182	27 (B) the part repaired or replaced has been made available for
183	183	28 examination upon the request of the customer.
184	184	29 (14) Engaging in the replacement or repair of the subject of a
185	185	30 consumer transaction if the consumer has not authorized the
186	186	31 replacement or repair, and if the supplier knows or should
187	187	32 reasonably know that it is not authorized.
188	188	33 (15) The act of misrepresenting the geographic location of the
189	189	34 supplier by listing an alternate business name or an assumed
190	190	35 business name (as described in IC 23-0.5-3-4) in a local telephone
191	191	36 directory if:
192	192	37 (A) the name misrepresents the supplier's geographic location;
193	193	38 (B) the listing fails to identify the locality and state of the
194	194	39 supplier's business;
195	195	40 (C) calls to the local telephone number are routinely forwarded
196	196	41 or otherwise transferred to a supplier's business location that
197	197	42 is outside the calling area covered by the local telephone
198	198	2024 IN 1225—LS 6765/DI 119 5
199	199	1 directory; and
200	200	2 (D) the supplier's business location is located in a county that
201	201	3 is not contiguous to a county in the calling area covered by the
202	202	4 local telephone directory.
203	203	5 (16) The act of listing an alternate business name or assumed
204	204	6 business name (as described in IC 23-0.5-3-4) in a directory
205	205	7 assistance data base if:
206	206	8 (A) the name misrepresents the supplier's geographic location;
207	207	9 (B) calls to the local telephone number are routinely forwarded
208	208	10 or otherwise transferred to a supplier's business location that
209	209	11 is outside the local calling area; and
210	210	12 (C) the supplier's business location is located in a county that
211	211	13 is not contiguous to a county in the local calling area.
212	212	14 (17) The violation by a supplier of IC 24-3-4 concerning
213	213	15 cigarettes for import or export.
214	214	16 (18) The act of a supplier in knowingly selling or reselling a
215	215	17 product to a consumer if the product has been recalled, whether
216	216	18 by the order of a court or a regulatory body, or voluntarily by the
217	217	19 manufacturer, distributor, or retailer, unless the product has been
218	218	20 repaired or modified to correct the defect that was the subject of
219	219	21 the recall.
220	220	22 (19) The violation by a supplier of 47 U.S.C. 227, including any
221	221	23 rules or regulations issued under 47 U.S.C. 227.
222	222	24 (20) The violation by a supplier of the federal Fair Debt
223	223	25 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
224	224	26 rules or regulations issued under the federal Fair Debt Collection
225	225	27 Practices Act (15 U.S.C. 1692 et seq.).
226	226	28 (21) A violation of IC 24-5-7 (concerning health spa services), as
227	227	29 set forth in IC 24-5-7-17.
228	228	30 (22) A violation of IC 24-5-8 (concerning business opportunity
229	229	31 transactions), as set forth in IC 24-5-8-20.
230	230	32 (23) A violation of IC 24-5-10 (concerning home consumer
231	231	33 transactions), as set forth in IC 24-5-10-18.
232	232	34 (24) A violation of IC 24-5-11 (concerning real property
233	233	35 improvement contracts), as set forth in IC 24-5-11-14.
234	234	36 (25) A violation of IC 24-5-12 (concerning telephone
235	235	37 solicitations), as set forth in IC 24-5-12-23.
236	236	38 (26) A violation of IC 24-5-13.5 (concerning buyback motor
237	237	39 vehicles), as set forth in IC 24-5-13.5-14.
238	238	40 (27) A violation of IC 24-5-14 (concerning automatic
239	239	41 dialing-announcing devices), as set forth in IC 24-5-14-13.
240	240	42 (28) A violation of IC 24-5-15 (concerning credit services
241	241	2024 IN 1225—LS 6765/DI 119 6
242	242	1 organizations), as set forth in IC 24-5-15-11.
243	243	2 (29) A violation of IC 24-5-16 (concerning unlawful motor
244	244	3 vehicle subleasing), as set forth in IC 24-5-16-18.
245	245	4 (30) A violation of IC 24-5-17 (concerning environmental
246	246	5 marketing claims), as set forth in IC 24-5-17-14.
247	247	6 (31) A violation of IC 24-5-19 (concerning deceptive commercial
248	248	7 solicitation), as set forth in IC 24-5-19-11.
249	249	8 (32) A violation of IC 24-5-21 (concerning prescription drug
250	250	9 discount cards), as set forth in IC 24-5-21-7.
251	251	10 (33) A violation of IC 24-5-23.5-7 (concerning real estate
252	252	11 appraisals), as set forth in IC 24-5-23.5-9.
253	253	12 (34) A violation of IC 24-5-26 (concerning identity theft), as set
254	254	13 forth in IC 24-5-26-3.
255	255	14 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
256	256	15 as set forth in IC 24-5.5-6-1.
257	257	16 (36) A violation of IC 24-8 (concerning promotional gifts and
258	258	17 contests), as set forth in IC 24-8-6-3.
259	259	18 (37) A violation of IC 21-18.5-6 (concerning representations
260	260	19 made by a postsecondary credit bearing proprietary educational
261	261	20 institution), as set forth in IC 21-18.5-6-22.5.
262	262	21 (38) A violation of IC 24-5-15.5 (concerning collection actions of
263	263	22 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
264	264	23 (39) A violation of IC 24-14 (concerning towing services), as set
265	265	24 forth in IC 24-14-10-1.
266	266	25 (40) A violation of IC 24-5-14.5 (concerning misleading or
267	267	26 inaccurate caller identification information), as set forth in
268	268	27 IC 24-5-14.5-12.
269	269	28 (41) A violation of IC 24-5-27 (concerning intrastate inmate
270	270	29 calling services), as set forth in IC 24-5-27-27.
271	271	30 (42) A violation of IC 24-5-28.5 (concerning use of fabricated
272	272	31 media in advertising), as set forth in IC 24-5-28.5-4.
273	273	32 (c) Any representations on or within a product or its packaging or
274	274	33 in advertising or promotional materials which would constitute a
275	275	34 deceptive act shall be the deceptive act both of the supplier who places
276	276	35 such representation thereon or therein, or who authored such materials,
277	277	36 and such other suppliers who shall state orally or in writing that such
278	278	37 representation is true if such other supplier shall know or have reason
279	279	38 to know that such representation was false.
280	280	39 (d) If a supplier shows by a preponderance of the evidence that an
281	281	40 act resulted from a bona fide error notwithstanding the maintenance of
282	282	41 procedures reasonably adopted to avoid the error, such act shall not be
283	283	42 deceptive within the meaning of this chapter.
284	284	2024 IN 1225—LS 6765/DI 119 7
285	285	1 (e) It shall be a defense to any action brought under this chapter that
286	286	2 the representation constituting an alleged deceptive act was one made
287	287	3 in good faith by the supplier without knowledge of its falsity and in
288	288	4 reliance upon the oral or written representations of the manufacturer,
289	289	5 the person from whom the supplier acquired the product, any testing
290	290	6 organization, or any other person provided that the source thereof is
291	291	7 disclosed to the consumer.
292	292	8 (f) For purposes of subsection (b)(12), a supplier that provides
293	293	9 estimates before performing repair or replacement work for a customer
294	294	10 shall give the customer a written estimate itemizing as closely as
295	295	11 possible the price for labor and parts necessary for the specific job
296	296	12 before commencing the work.
297	297	13 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
298	298	14 company or other provider of a telephone directory or directory
299	299	15 assistance service or its officer or agent is immune from liability for
300	300	16 publishing the listing of an alternate business name or assumed
301	301	17 business name of a supplier in its directory or directory assistance data
302	302	18 base unless the telephone company or other provider of a telephone
303	303	19 directory or directory assistance service is the same person as the
304	304	20 supplier who has committed the deceptive act.
305	305	21 (h) For purposes of subsection (b)(18), it is an affirmative defense
306	306	22 to any action brought under this chapter that the product has been
307	307	23 altered by a person other than the defendant to render the product
308	308	24 completely incapable of serving its original purpose.
309	309	25 SECTION 3. IC 24-5-28.5 IS ADDED TO THE INDIANA CODE
310	310	26 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
311	311	27 JULY 1, 2024]:
312	312	28 Chapter 28.5. Use of Fabricated Media in Advertising
313	313	29 Sec. 1. As used in this chapter, "advertisement" means media
314	314	30 promoting the sale of a product or service.
315	315	31 Sec. 2. As used in this chapter, "fabricated media" means either
316	316	32 of the following:
317	317	33 (1) Media that includes an audio or visual recording of an
318	318	34 individual's speech, appearance, or conduct that has been
319	319	35 altered without the individual's consent such that:
320	320	36 (A) the media conveys a materially inaccurate depiction of
321	321	37 the individual's speech, appearance, or conduct as
322	322	38 recorded in the unaltered recording; and
323	323	39 (B) a reasonable person would be unable to recognize that
324	324	40 the recording has been altered.
325	325	41 (2) Media in which an artificially generated audio or video
326	326	42 imitation of an individual that:
327	327	2024 IN 1225—LS 6765/DI 119 8
328	328	1 (A) has been created without the individual's consent; and
329	329	2 (B) is sufficiently lifelike that a reasonable person would be
330	330	3 unable to distinguish the speech or appearance of the
331	331	4 imitation from the speech or appearance of the individual;
332	332	5 is used to convey a fictional depiction of the individual's
333	333	6 speech, appearance, or conduct.
334	334	7 Sec. 3. As used in this chapter, "media" means:
335	335	8 (1) recorded audio;
336	336	9 (2) a recorded image; or
337	337	10 (3) recorded video.
338	338	11 Sec. 4. (a) A person that pays for the creation of an
339	339	12 advertisement:
340	340	13 (1) that:
341	341	14 (A) includes fabricated media depicting a living individual
342	342	15 without the consent of the individual; or
343	343	16 (B) includes fabricated media depicting a deceased
344	344	17 individual without the consent of the person entitled to
345	345	18 exercise and enforce the individual's rights under
346	346	19 IC 32-36-1; and
347	347	20 (2) that is disseminated to the public;
348	348	21 commits a deceptive act that is actionable by the attorney general
349	349	22 under IC 24-5-0.5-4(c).
350	350	23 (b) A:
351	351	24 (1) living individual who is depicted in fabricated media that
352	352	25 is included in an advertisement in violation of subsection
353	353	26 (a)(1)(A); or
354	354	27 (2) person entitled to exercise and enforce the rights under
355	355	28 IC 32-36-1 of a deceased individual who is depicted in
356	356	29 fabricated media that is included in an advertisement in
357	357	30 violation of subsection (a)(1)(B);
358	358	31 may bring a civil action against the person that paid for the
359	359	32 creation of the advertisement.
360	360	33 (c) A plaintiff who prevails in an action brought under
361	361	34 subsection (b) is entitled to recover:
362	362	35 (1) the plaintiff's actual damages;
363	363	36 (2) injunctive relief; and
364	364	37 (3) the amount of any court costs and reasonable attorney's
365	365	38 fees incurred by the plaintiff in connection with the action.
366	366	39 SECTION 4. IC 35-52-3-12.1 IS ADDED TO THE INDIANA
367	367	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
368	368	41 [EFFECTIVE JULY 1, 2024]: Sec. 12.1. IC 3-14-1-18 defines a crime
369	369	42 concerning campaign advertising.
370	370	2024 IN 1225—LS 6765/DI 119