Indiana 2024 Regular Session

Indiana House Bill HB1283 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. 1283
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 3-9-3.
7	7	Synopsis: Use of altered media in elections. Defines "fabricated
8	8	media" as recorded audio, a recorded image, or recorded video of an
9	9	individual's speech, appearance, or conduct: (1) that has been altered
10	10	without the individual's consent such that: (A) the media conveys a
11	11	materially inaccurate depiction of the individual's speech, appearance,
12	12	or conduct; and (B) a reasonable person would be unable to recognize
13	13	that the recording has been altered; or (2) in which an artificially
14	14	generated audio or visual imitation of an individual that: (A) has been
15	15	created without the individual's consent; and (B) is sufficiently lifelike
16	16	that a 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; the creation of which is substantially
20	20	dependent on the use of a generative adversarial network or another
21	21	generative artificial intelligence technology. Prohibits a person who
22	22	finances a campaign communication from disseminating fabricated
23	23	media through the communication if: (1) the person knows, or
24	24	reasonably should know, that the media is fabricated media; (2) the
25	25	fabricated media depicts an individual who: (A) is a candidate in an
26	26	election occurring not more than 90 days after the date on which the
27	27	fabricated media is disseminated; and (B) has not consented to
28	28	dissemination of the fabricated media; (3) the purpose of the
29	29	dissemination is injuring a candidate in the election or influencing the
30	30	outcome of the election; and (4) the fabricated media does not include
31	31	a disclaimer that meets specified requirements. Allows a candidate
32	32	depicted in fabricated media disseminated by a person in violation of
33	33	this prohibition to bring a civil action against the person and specifies
34	34	the relief that a court may grant a prevailing plaintiff.
35	35	Effective: July 1, 2024.
36	36	Johnson B, Miller K
37	37	January 9, 2024, read first time and referred to Committee on Elections and
38	38	Apportionment.
39	39	2024 IN 1283—LS 6619/DI 119 Introduced
40	40	Second Regular Session of the 123rd General Assembly (2024)
41	41	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
42	42	Constitution) is being amended, the text of the existing provision will appear in this style type,
43	43	additions will appear in this style type, and deletions will appear in this style type.
44	44	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
45	45	provision adopted), the text of the new provision will appear in this style type. Also, the
46	46	word NEW will appear in that style type in the introductory clause of each SECTION that adds
47	47	a new provision to the Indiana Code or the Indiana Constitution.
48	48	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
49	49	between statutes enacted by the 2023 Regular Session of the General Assembly.
50	50	HOUSE BILL No. 1283
51	51	A BILL FOR AN ACT to amend the Indiana Code concerning
52	52	elections.
53	53	Be it enacted by the General Assembly of the State of Indiana:
54	54	1 SECTION 1. IC 3-9-3-0.3 IS ADDED TO THE INDIANA CODE
55	55	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
56	56	3 1, 2024]: Sec. 0.3. As used in this chapter, "fabricated media"
57	57	4 means media:
58	58	5 (1) that includes an audio or visual recording of an
59	59	6 individual's speech, appearance, or conduct that has been
60	60	7 altered without the individual's consent such that:
61	61	8 (A) the media conveys a materially inaccurate depiction of
62	62	9 the individual's speech, appearance, or conduct as
63	63	10 recorded in the unaltered recording; and
64	64	11 (B) a reasonable person would be unable to recognize that
65	65	12 the recording has been altered; or
66	66	13 (2) in which an artificially generated audio or visual imitation
67	67	14 of an individual that:
68	68	15 (A) has been created without the individual's consent; and
69	69	16 (B) is sufficiently lifelike that a reasonable person would be
70	70	17 unable to distinguish the speech or appearance of the
71	71	2024 IN 1283—LS 6619/DI 119 2
72	72	1 imitation from the speech or appearance of the individual;
73	73	2 is used to convey a fictional depiction of the individual's
74	74	3 speech, appearance, or conduct;
75	75	4 that is created through the use of a generative adversarial network
76	76	5 or another generative artificial intelligence technology.
77	77	6 SECTION 2. IC 3-9-3-0.5 IS ADDED TO THE INDIANA CODE
78	78	7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
79	79	8 1, 2024]: Sec. 0.5. As used in this chapter, "media" means:
80	80	9 (1) recorded audio;
81	81	10 (2) a recorded image; or
82	82	11 (3) recorded video.
83	83	12 SECTION 3. IC 3-9-3-2.6 IS ADDED TO THE INDIANA CODE
84	84	13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
85	85	14 1, 2024]: Sec. 2.6. (a) This section applies to a person who makes an
86	86	15 expenditure for the purpose of financing a communication:
87	87	16 (1) expressly advocating the election or defeat of a clearly
88	88	17 identified candidate; or
89	89	18 (2) soliciting a contribution;
90	90	19 through any form of media.
91	91	20 (b) A person may not disseminate fabricated media through a
92	92	21 communication described in subsection (a) if:
93	93	22 (1) the person knows, or reasonably should know, that the
94	94	23 media is fabricated media;
95	95	24 (2) the fabricated media depicts an individual who:
96	96	25 (A) is a candidate in an election occurring not more than
97	97	26 ninety (90) days after the date on which the fabricated
98	98	27 media is disseminated; and
99	99	28 (B) has not consented to dissemination of the fabricated
100	100	29 media;
101	101	30 (3) the person disseminates the fabricated media for the
102	102	31 purpose of:
103	103	32 (A) injuring the candidate or the political party the
104	104	33 candidate represents; or
105	105	34 (B) influencing the outcome of the election;
106	106	35 as described in subdivision (2); and
107	107	36 (4) the fabricated media does not include a disclaimer that
108	108	37 meets the following requirements:
109	109	38 (A) The disclaimer must state: "This media has been
110	110	39 manipulated or generated by artificial intelligence.".
111	111	40 (B) If the media is a recorded image and is included in
112	112	41 printed materials, the disclaimer must be printed in a
113	113	42 manner that complies with section 2.5(e) of this chapter.
114	114	2024 IN 1283—LS 6619/DI 119 3
115	115	1 (C) If the media is in the form of recorded audio, the
116	116	2 disclaimer must be read:
117	117	3 (i) in each language used in the media;
118	118	4 (ii) at a speed and pitch at which the disclaimer is
119	119	5 reasonably understandable; and
120	120	6 (iii) at a volume that is not lower than the loudest audio
121	121	7 included in the media;
122	122	8 at the beginning of the media, at the end of the media, and,
123	123	9 if the media is more than two (2) minutes in length, at
124	124	10 intervals of two (2) minutes for the duration of the media.
125	125	11 (D) If the media is in the form of recorded video, the
126	126	12 disclaimer must be:
127	127	13 (i) printed in a manner that complies with section 2.5(e)
128	128	14 of this chapter; and
129	129	15 (ii) displayed continuously for the duration of the media.
130	130	16 (c) A candidate depicted in fabricated media disseminated by a
131	131	17 person in violation of subsection (b) may bring a civil action
132	132	18 against the person.
133	133	19 (d) A plaintiff who prevails in an action brought under
134	134	20 subsection (c) is entitled to recover:
135	135	21 (1) the plaintiff's actual damages;
136	136	22 (2) injunctive relief; and
137	137	23 (3) the amount of any court costs and reasonable attorney's
138	138	24 fees incurred by the plaintiff in connection with the action.
139	139	25 The court may, at the court's discretion, award a prevailing
140	140	26 plaintiff special or punitive damages.
141	141	2024 IN 1283—LS 6619/DI 119