Introduced Version
HOUSE BILL No. 1225
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-14-1-18; IC 24-5; IC 35-52-3-12.1.
Synopsis: Use of fabricated media. Defines "fabricated media" as
recorded audio, a recorded image, or recorded video of an individual's
speech, appearance, or conduct: (1) that has been altered without the
individual's consent such that: (A) the media conveys a materially
inaccurate depiction of the individual's speech, appearance, or conduct;
and (B) a reasonable person would be unable to recognize that the
recording has been altered; or (2) in which an artificially generated
audio or video imitation of an individual that: (A) has been created
without the individual's consent; and (B) is sufficiently lifelike that a
reasonable person would be unable to distinguish the speech or
appearance of the imitation from the speech or appearance of the
individual; is used to convey a fictional depiction of the individual's
speech, appearance, or conduct. Provides that a person who pays for or
sponsors a political campaign advertisement that: (1) expressly
advocates for the defeat of a clearly identified candidate; and (2)
includes fabricated media that: (A) depicts the identified candidate;
and (B) was created without the consent of the identified candidate;
commits a Class A misdemeanor and is subject to a civil action by the
identified candidate. Provides that a person that pays for the creation
of a publicly disseminated advertisement that: (1) includes fabricated
media depicting a living individual without the consent of the
individual; or (2) includes fabricated media depicting a deceased
individual without the consent of the person entitled to exercise and
enforce the individual's rights of publicity; commits a deceptive act that
is actionable by the attorney general and is subject to a civil action by
the individual or by the person entitled to exercise and enforce the
individual's rights of publicity.
Effective: July 1, 2024.
Miller K, Johnson B
January 9, 2024, read first time and referred to Committee on Courts and Criminal Code.
2024 IN 1225—LS 6765/DI 119 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1225
A BILL FOR AN ACT to amend the Indiana Code concerning
technology.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 3-14-1-18 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 18. (a) The following definitions apply throughout
4 this section:
5 (1) "Campaign advertisement" means a communication that
6 is subject to IC 3-9-3-2.5.
7 (2) "Fabricated media" means either of the following:
8 (A) Media that includes an audio or visual recording of an
9 individual's speech, appearance, or conduct that has been
10 altered without the individual's consent such that:
11 (i) the media conveys a materially inaccurate depiction
12 of the individual's speech, appearance, or conduct as
13 recorded in the unaltered recording; and
14 (ii) a reasonable person would be unable to recognize
15 that the recording has been altered.
16 (B) Media in which an artificially generated audio or video
17 imitation of an individual that:
2024 IN 1225—LS 6765/DI 119 2
1 (i) has been created without the individual's consent; and
2 (ii) is sufficiently lifelike that a reasonable person would
3 be unable to distinguish the speech or appearance of the
4 imitation from the speech or appearance of the
5 individual;
6 is used to convey a fictional depiction of the individual's
7 speech, appearance, or conduct.
8 (3) "Media" means:
9 (A) recorded audio;
10 (B) a recorded image; or
11 (C) recorded video.
12 (b) A person that pays for or sponsors a campaign
13 advertisement that:
14 (1) expressly advocates for the defeat of a clearly identified
15 candidate; and
16 (2) includes fabricated media that:
17 (A) depicts the candidate described in subdivision (1); and
18 (B) was created without the consent of the candidate
19 described in subdivision (1);
20 commits a Class A misdemeanor.
21 (c) A candidate depicted in fabricated media that is included in
22 a campaign advertisement in violation of subsection (b) may bring
23 a civil action against:
24 (1) the person that paid for the communication; and
25 (2) the person that sponsored the communication.
26 (d) A plaintiff who prevails in an action brought under
27 subsection (c) is entitled to recover:
28 (1) the plaintiff's actual damages;
29 (2) injunctive relief; and
30 (3) the amount of any court costs and reasonable attorney's
31 fees incurred by the plaintiff in connection with the action.
32 (e) A court shall expedite the hearing of an action brought under
33 this section.
34 SECTION 2. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
35 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
37 abusive, or deceptive act, omission, or practice in connection with a
38 consumer transaction. Such an act, omission, or practice by a supplier
39 is a violation of this chapter whether it occurs before, during, or after
40 the transaction. An act, omission, or practice prohibited by this section
41 includes both implicit and explicit misrepresentations.
42 (b) Without limiting the scope of subsection (a), the following acts,
2024 IN 1225—LS 6765/DI 119 3
1 and the following representations as to the subject matter of a
2 consumer transaction, made orally, in writing, or by electronic
3 communication, by a supplier, are deceptive acts:
4 (1) That such subject of a consumer transaction has sponsorship,
5 approval, performance, characteristics, accessories, uses, or
6 benefits it does not have which the supplier knows or should
7 reasonably know it does not have.
8 (2) That such subject of a consumer transaction is of a particular
9 standard, quality, grade, style, or model, if it is not and if the
10 supplier knows or should reasonably know that it is not.
11 (3) That such subject of a consumer transaction is new or unused,
12 if it is not and if the supplier knows or should reasonably know
13 that it is not.
14 (4) That such subject of a consumer transaction will be supplied
15 to the public in greater quantity than the supplier intends or
16 reasonably expects.
17 (5) That replacement or repair constituting the subject of a
18 consumer transaction is needed, if it is not and if the supplier
19 knows or should reasonably know that it is not.
20 (6) That a specific price advantage exists as to such subject of a
21 consumer transaction, if it does not and if the supplier knows or
22 should reasonably know that it does not.
23 (7) That the supplier has a sponsorship, approval, or affiliation in
24 such consumer transaction the supplier does not have, and which
25 the supplier knows or should reasonably know that the supplier
26 does not have.
27 (8) That such consumer transaction involves or does not involve
28 a warranty, a disclaimer of warranties, or other rights, remedies,
29 or obligations, if the representation is false and if the supplier
30 knows or should reasonably know that the representation is false.
31 (9) That the consumer will receive a rebate, discount, or other
32 benefit as an inducement for entering into a sale or lease in return
33 for giving the supplier the names of prospective consumers or
34 otherwise helping the supplier to enter into other consumer
35 transactions, if earning the benefit, rebate, or discount is
36 contingent upon the occurrence of an event subsequent to the time
37 the consumer agrees to the purchase or lease.
38 (10) That the supplier is able to deliver or complete the subject of
39 the consumer transaction within a stated period of time, when the
40 supplier knows or should reasonably know the supplier could not.
41 If no time period has been stated by the supplier, there is a
42 presumption that the supplier has represented that the supplier
2024 IN 1225—LS 6765/DI 119 4
1 will deliver or complete the subject of the consumer transaction
2 within a reasonable time, according to the course of dealing or the
3 usage of the trade.
4 (11) That the consumer will be able to purchase the subject of the
5 consumer transaction as advertised by the supplier, if the supplier
6 does not intend to sell it.
7 (12) That the replacement or repair constituting the subject of a
8 consumer transaction can be made by the supplier for the estimate
9 the supplier gives a customer for the replacement or repair, if the
10 specified work is completed and:
11 (A) the cost exceeds the estimate by an amount equal to or
12 greater than ten percent (10%) of the estimate;
13 (B) the supplier did not obtain written permission from the
14 customer to authorize the supplier to complete the work even
15 if the cost would exceed the amounts specified in clause (A);
16 (C) the total cost for services and parts for a single transaction
17 is more than seven hundred fifty dollars ($750); and
18 (D) the supplier knew or reasonably should have known that
19 the cost would exceed the estimate in the amounts specified in
20 clause (A).
21 (13) That the replacement or repair constituting the subject of a
22 consumer transaction is needed, and that the supplier disposes of
23 the part repaired or replaced earlier than seventy-two (72) hours
24 after both:
25 (A) the customer has been notified that the work has been
26 completed; and
27 (B) the part repaired or replaced has been made available for
28 examination upon the request of the customer.
29 (14) Engaging in the replacement or repair of the subject of a
30 consumer transaction if the consumer has not authorized the
31 replacement or repair, and if the supplier knows or should
32 reasonably know that it is not authorized.
33 (15) The act of misrepresenting the geographic location of the
34 supplier by listing an alternate business name or an assumed
35 business name (as described in IC 23-0.5-3-4) in a local telephone
36 directory if:
37 (A) the name misrepresents the supplier's geographic location;
38 (B) the listing fails to identify the locality and state of the
39 supplier's business;
40 (C) calls to the local telephone number are routinely forwarded
41 or otherwise transferred to a supplier's business location that
42 is outside the calling area covered by the local telephone
2024 IN 1225—LS 6765/DI 119 5
1 directory; and
2 (D) the supplier's business location is located in a county that
3 is not contiguous to a county in the calling area covered by the
4 local telephone directory.
5 (16) The act of listing an alternate business name or assumed
6 business name (as described in IC 23-0.5-3-4) in a directory
7 assistance data base if:
8 (A) the name misrepresents the supplier's geographic location;
9 (B) calls to the local telephone number are routinely forwarded
10 or otherwise transferred to a supplier's business location that
11 is outside the local calling area; and
12 (C) the supplier's business location is located in a county that
13 is not contiguous to a county in the local calling area.
14 (17) The violation by a supplier of IC 24-3-4 concerning
15 cigarettes for import or export.
16 (18) The act of a supplier in knowingly selling or reselling a
17 product to a consumer if the product has been recalled, whether
18 by the order of a court or a regulatory body, or voluntarily by the
19 manufacturer, distributor, or retailer, unless the product has been
20 repaired or modified to correct the defect that was the subject of
21 the recall.
22 (19) The violation by a supplier of 47 U.S.C. 227, including any
23 rules or regulations issued under 47 U.S.C. 227.
24 (20) The violation by a supplier of the federal Fair Debt
25 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
26 rules or regulations issued under the federal Fair Debt Collection
27 Practices Act (15 U.S.C. 1692 et seq.).
28 (21) A violation of IC 24-5-7 (concerning health spa services), as
29 set forth in IC 24-5-7-17.
30 (22) A violation of IC 24-5-8 (concerning business opportunity
31 transactions), as set forth in IC 24-5-8-20.
32 (23) A violation of IC 24-5-10 (concerning home consumer
33 transactions), as set forth in IC 24-5-10-18.
34 (24) A violation of IC 24-5-11 (concerning real property
35 improvement contracts), as set forth in IC 24-5-11-14.
36 (25) A violation of IC 24-5-12 (concerning telephone
37 solicitations), as set forth in IC 24-5-12-23.
38 (26) A violation of IC 24-5-13.5 (concerning buyback motor
39 vehicles), as set forth in IC 24-5-13.5-14.
40 (27) A violation of IC 24-5-14 (concerning automatic
41 dialing-announcing devices), as set forth in IC 24-5-14-13.
42 (28) A violation of IC 24-5-15 (concerning credit services
2024 IN 1225—LS 6765/DI 119 6
1 organizations), as set forth in IC 24-5-15-11.
2 (29) A violation of IC 24-5-16 (concerning unlawful motor
3 vehicle subleasing), as set forth in IC 24-5-16-18.
4 (30) A violation of IC 24-5-17 (concerning environmental
5 marketing claims), as set forth in IC 24-5-17-14.
6 (31) A violation of IC 24-5-19 (concerning deceptive commercial
7 solicitation), as set forth in IC 24-5-19-11.
8 (32) A violation of IC 24-5-21 (concerning prescription drug
9 discount cards), as set forth in IC 24-5-21-7.
10 (33) A violation of IC 24-5-23.5-7 (concerning real estate
11 appraisals), as set forth in IC 24-5-23.5-9.
12 (34) A violation of IC 24-5-26 (concerning identity theft), as set
13 forth in IC 24-5-26-3.
14 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
15 as set forth in IC 24-5.5-6-1.
16 (36) A violation of IC 24-8 (concerning promotional gifts and
17 contests), as set forth in IC 24-8-6-3.
18 (37) A violation of IC 21-18.5-6 (concerning representations
19 made by a postsecondary credit bearing proprietary educational
20 institution), as set forth in IC 21-18.5-6-22.5.
21 (38) A violation of IC 24-5-15.5 (concerning collection actions of
22 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
23 (39) A violation of IC 24-14 (concerning towing services), as set
24 forth in IC 24-14-10-1.
25 (40) A violation of IC 24-5-14.5 (concerning misleading or
26 inaccurate caller identification information), as set forth in
27 IC 24-5-14.5-12.
28 (41) A violation of IC 24-5-27 (concerning intrastate inmate
29 calling services), as set forth in IC 24-5-27-27.
30 (42) A violation of IC 24-5-28.5 (concerning use of fabricated
31 media in advertising), as set forth in IC 24-5-28.5-4.
32 (c) Any representations on or within a product or its packaging or
33 in advertising or promotional materials which would constitute a
34 deceptive act shall be the deceptive act both of the supplier who places
35 such representation thereon or therein, or who authored such materials,
36 and such other suppliers who shall state orally or in writing that such
37 representation is true if such other supplier shall know or have reason
38 to know that such representation was false.
39 (d) If a supplier shows by a preponderance of the evidence that an
40 act resulted from a bona fide error notwithstanding the maintenance of
41 procedures reasonably adopted to avoid the error, such act shall not be
42 deceptive within the meaning of this chapter.
2024 IN 1225—LS 6765/DI 119 7
1 (e) It shall be a defense to any action brought under this chapter that
2 the representation constituting an alleged deceptive act was one made
3 in good faith by the supplier without knowledge of its falsity and in
4 reliance upon the oral or written representations of the manufacturer,
5 the person from whom the supplier acquired the product, any testing
6 organization, or any other person provided that the source thereof is
7 disclosed to the consumer.
8 (f) For purposes of subsection (b)(12), a supplier that provides
9 estimates before performing repair or replacement work for a customer
10 shall give the customer a written estimate itemizing as closely as
11 possible the price for labor and parts necessary for the specific job
12 before commencing the work.
13 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
14 company or other provider of a telephone directory or directory
15 assistance service or its officer or agent is immune from liability for
16 publishing the listing of an alternate business name or assumed
17 business name of a supplier in its directory or directory assistance data
18 base unless the telephone company or other provider of a telephone
19 directory or directory assistance service is the same person as the
20 supplier who has committed the deceptive act.
21 (h) For purposes of subsection (b)(18), it is an affirmative defense
22 to any action brought under this chapter that the product has been
23 altered by a person other than the defendant to render the product
24 completely incapable of serving its original purpose.
25 SECTION 3. IC 24-5-28.5 IS ADDED TO THE INDIANA CODE
26 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]:
28 Chapter 28.5. Use of Fabricated Media in Advertising
29 Sec. 1. As used in this chapter, "advertisement" means media
30 promoting the sale of a product or service.
31 Sec. 2. As used in this chapter, "fabricated media" means either
32 of the following:
33 (1) Media that includes an audio or visual recording of an
34 individual's speech, appearance, or conduct that has been
35 altered without the individual's consent such that:
36 (A) the media conveys a materially inaccurate depiction of
37 the individual's speech, appearance, or conduct as
38 recorded in the unaltered recording; and
39 (B) a reasonable person would be unable to recognize that
40 the recording has been altered.
41 (2) Media in which an artificially generated audio or video
42 imitation of an individual that:
2024 IN 1225—LS 6765/DI 119 8
1 (A) has been created without the individual's consent; and
2 (B) is sufficiently lifelike that a reasonable person would be
3 unable to distinguish the speech or appearance of the
4 imitation from the speech or appearance of the individual;
5 is used to convey a fictional depiction of the individual's
6 speech, appearance, or conduct.
7 Sec. 3. As used in this chapter, "media" means:
8 (1) recorded audio;
9 (2) a recorded image; or
10 (3) recorded video.
11 Sec. 4. (a) A person that pays for the creation of an
12 advertisement:
13 (1) that:
14 (A) includes fabricated media depicting a living individual
15 without the consent of the individual; or
16 (B) includes fabricated media depicting a deceased
17 individual without the consent of the person entitled to
18 exercise and enforce the individual's rights under
19 IC 32-36-1; and
20 (2) that is disseminated to the public;
21 commits a deceptive act that is actionable by the attorney general
22 under IC 24-5-0.5-4(c).
23 (b) A:
24 (1) living individual who is depicted in fabricated media that
25 is included in an advertisement in violation of subsection
26 (a)(1)(A); or
27 (2) person entitled to exercise and enforce the rights under
28 IC 32-36-1 of a deceased individual who is depicted in
29 fabricated media that is included in an advertisement in
30 violation of subsection (a)(1)(B);
31 may bring a civil action against the person that paid for the
32 creation of the advertisement.
33 (c) A plaintiff who prevails in an action brought under
34 subsection (b) is entitled to recover:
35 (1) the plaintiff's actual damages;
36 (2) injunctive relief; and
37 (3) the amount of any court costs and reasonable attorney's
38 fees incurred by the plaintiff in connection with the action.
39 SECTION 4. IC 35-52-3-12.1 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2024]: Sec. 12.1. IC 3-14-1-18 defines a crime
42 concerning campaign advertising.
2024 IN 1225—LS 6765/DI 119