EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0978*
SENATE BILL 978
G1 EMERGENCY BILL 4lr1791
CF 4lr3222
By: Senator Hester
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Election Law – Synthetic Media – Disclosure and Regulation 2
FOR the purpose of requiring certain persons that publish, distribute, or disseminate, or 3
cause to be published, distributed, or disseminated synthetic media, to publish on 4
their website or submit to the State Board of Elections for publication certain original 5
media content; requiring certain persons that publish, distribute, or disseminate or 6
cause to be published, distributed, or disseminated synthetic media to include a 7
certain disclosure in a certain manner; authorizing the State Board to adopt 8
regulations that establish certain procedures to label or remove certain synthetic 9
media and to seek to enjoin the publication, distribution, or dissemination of certain 10
synthetic media; and generally relating to synthetic media and the State Board of 11
Elections. 12
BY adding to 13
Article – Election Law 14
Section 13–401.2 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2023 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Election Law 19
Section 13–602(a)(9) and (b) 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2023 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Election Law 25
2 SENATE BILL 978
13–401.2. 1
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(2) (I) “NEWS MEDIA ENTITY ” MEANS AN ENTITY ENGA GED 4
PRIMARILY IN THE BUS INESS OF NEWSGATHERI NG, REPORTING, OR PUBLISHING 5
ARTICLES OR COMMENTA RY ABOUT NEWS , CURRENT EVENTS , CULTURE, OR OTHER 6
MATTERS OF PUBLIC IN TEREST. 7
(II) “NEWS MEDIA ENTITY ” INCLUDES AN ENTITY T HAT 8
REPORTS OR PUBLISHES PRINT, AUDIO, OR VIDEO MEDIA , ONLINE OR OTHERWISE . 9
(3) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 10
A VIDEO RECORDING TH AT HAS BEEN INTENTIONALLY CREATED OR MANIPULATED 11
WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 12
TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDIN G, OR 13
VIDEO RECORDING THAT : 14
(I) PURPORTS TO DEPICT A REAL INDIVIDUAL , THE 15
INDIVIDUAL’S SPEECH, OR THE INDIVIDUAL ’S CONDUCT; 16
(II) PRODUCES A FUNDAMENT ALLY DIFFERENT 17
UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 18
CONDUCT THAN A REASONABLE INDIVIDUA L WOULD HAVE FROM TH E UNALTERED , 19
ORIGINAL VERSION OF THE IMAGE, AUDIO RECORDING , OR VIDEO RECORDING ; OR 20
(III) IS OTHERWISE INTENDE D TO HARM THE REPUTA TION OF 21
THE PERSON THAT IS T HE SUBJECT OF THE ME DIA. 22
(B) THIS SECTION DOES NOT APPLY TO: 23
(1) A NEWS MEDIA ENTITY : 24
(I) 1. THAT BROADCASTS SYNT HETIC MEDIA THAT WOU LD 25
OTHERWISE VIOLATE TH IS SECTION AS PART O F A BONA FIDE NEWSCA ST, A NEWS 26
INTERVIEW, A NEWS DOCUMENTARY , OR ON–THE–SPOT COVERAGE ; AND 27
2. IF THE NEWS MEDIA EN TITY CLEARLY STATES IN TH E 28
BROADCAST, IN A MANNER THAT IS REASONABLY CALCULATE D TO BE UNDERSTOOD 29
BY AN AVERAGE VIEWER OF THE BROADCAST , THAT THE SYNTHETIC M EDIA BEING 30
BROADCASTED MAY OR M AY NOT BE AUTHENTIC ; OR 31
SENATE BILL 978 3
(II) 1. THAT IS PAID TO BROA DCAST SYNTHETIC MEDIA THAT 1
WOULD OTHERWISE VIOL ATE THIS SECTION ; AND 2
2. THAT HAS MADE A GOOD FAITH EFFORT TO 3
ESTABLISH THAT THE M EDIA IS NOT SYNTHETI C MEDIA; 4
(2) A WEBSITE, REGULARLY PUBLISHED NEWSPAPER , MAGAZINE, OR 5
PERIODICAL OF GENERA L CIRCULATION THAT : 6
(I) ROUTINELY PUBLISHES NEWS OR COMMENTARY O F 7
GENERAL INTEREST ; AND 8
(II) CLEARLY STATES , IN A MANNER REASONAB LY CALCULATED 9
TO BE UNDERSTOOD BY THE AVERAGE READER O F THE WEBSITE , NEWSPAPER , 10
MAGAZINE, OR PERIODICAL OF GEN ERAL CIRCULATION , THAT A PIECE OF 11
SYNTHETIC MEDIA PUBLIS HED DOES NOT ACCURAT ELY REPRESENT THE SP EECH OR 12
CONDUCT OF THE SUBJE CT OF THE SYNTHETIC MEDIA; OR 13
(3) SYNTHETIC MEDIA THAT IS SATIRE OR PARODY . 14
(C) (1) A PERSON THAT PUBLISHE S, DISTRIBUTES, OR DISSEMINATES 15
SYNTHETIC MEDIA , OR CAUSES SYNTHETIC MEDIA TO BE PUBLISHE D, DISTRIBUTED, 16
OR DISSEMINATED WITH IN 90 DAYS BEFORE AN ELECTION SHALL : 17
(I) 1. EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS 18
SUBSECTION, PUBLISH THE ORIGINAL CONT ENT THAT WAS MANIPUL ATED TO 19
GENERATE THE SYNTHET IC MEDIA ON THE WEBS ITE OF THE PERSON ; OR 20
2. SUBMIT THE ORIGINAL MATERIAL TO THE STATE 21
BOARD FOR PUBLICATION ON THE STATE BOARD’S WEBSITE; AND 22
(II) IN ADDITION TO THE RE QUIREMENTS OF §§ 13–401 AND 23
13–403 OF THIS SUBTITLE , MAKE THE DISCLOSURE REQUI RED UNDER SUBSECTION 24
(D) OF THIS SECTION. 25
(2) IF THE PERSON IS A CANDIDATE OR AN AGENT OF A CAN DIDATE, A 26
CAMPAIGN FINANCE ENT ITY, OR A PERSON REQUIRED TO REGISTER UNDER § 27
13–306, § 13–307, OR § 13–309.2 OF THIS TITLE AND TH E ORIGINAL MATERIAL WAS 28
NOT SUBMITTED TO THE STATE BOARD UNDER PARAGRAPH (1)(I)2 OF THIS 29
SUBSECTION, THE CANDIDATE , AGENT OF THE CANDIDA TE, CAMPAIGN FINANCE 30
ENTITY, OR PERSON REQUIRED T O REGISTER UNDER § 13–306, § 13–307, OR § 31
13–309.2 OF THIS TITLE SHALL PUBLISH ON THE WEBSI TE OF THE CANDIDATE , 32 4 SENATE BILL 978
CAMPAIGN FINANCE ENT ITY, OR PERSON THE ORIGIN AL CONTENT THAT WAS 1
MANIPULATED TO GENERATE THE SYNT HETIC MEDIA. 2
(D) (1) (I) FOR A STILL IMAGE, THE DISCLOSURE SHALL INCLUDE THE 3
STATEMENT “THIS IMAGE HAS BEEN A LTERED OR MODIFIED T HROUGH THE USE OF 4
COMPUTER PROGRAMS TO DISPLAY AN EVENT OR IMAGE THAT DID NOT O CCUR.”. 5
(II) THE STATEMENT REQUIRE D UNDER SUBPARAGRAPH (I) OF 6
THIS PARAGRAPH SHALL BE WRITTEN IN A TYPE SIZE THAT IS: 7
1. EASILY READABLE BY T HE AVERAGE VIEWER ; AND 8
2. NOT SMALLER THAN THE LARGEST TYPE SIZE OF 9
OTHER TEXT APPEARING ON THE STILL IMAGE . 10
(2) (I) FOR MEDIA THAT IS ONL Y AN AUDIO RECORDING , THE 11
DISCLOSURE SHALL INC LUDE THE STATEMENT “THIS AUDIO HAS BEEN A LTERED OR 12
MODIFIED THROUGH THE USE OF COMPUTER PROG RAMS TO DISPLAY A SO UND THAT 13
DID NOT OCCUR .”. 14
(II) THE STATEMENT REQUIRE D UNDER SUBPARAGRAPH (I) OF 15
THIS PARAGRAPH SHALL BE READ: 16
1. IN A CLEARLY SPOKEN MANNER A T A PITCH AND 17
SPEED THAT CAN EASIL Y BE HEARD BY THE AV ERAGE LISTENER ; AND 18
2. A. AT THE BEGINNING OF THE AUDIO RECORDING ; 19
B. AT THE END OF THE AU DIO RECORDING ; AND 20
C. FOR AUDIO RECORDINGS OF 2 MINUTES DURATION OR 21
LONGER, INTERSPERSED THROUGHOUT AT INTERV ALS OF NOT MORE THAN 2 22
MINUTES. 23
(3) (I) FOR A VIDEO RECORDING , THE DISCLOSURE SHALL 24
INCLUDE THE STATEMEN T “THIS VIDEO HAS BEEN A LTERED OR MODIFIED 25
THROUGH THE USE OF C OMPUTER PROGRAMS TO DISPLAY AN EVENT , A SOUND, OR 26
AN IMAGE THAT DI D NOT OCCUR.”. 27
(II) THE STATEMENT REQUIRE D UNDER SUBPARAGRAPH (I) OF 28
THIS PARAGRAPH SHALL BE WRITTEN IN: 29
SENATE BILL 978 5
1. TEXT THAT REMAINS VI SIBLE TO THE VIEWER FOR 1
THE DURATION OF THE VIDEO RECORDING ; AND 2
2. A TYPE SIZE THAT IS EASILY READABLE TO T HE 3
AVERAGE VIEWER AND P LACED IN A CONSPICUO US LOCATION IN THE F RAME OF THE 4
VIDEO. 5
(E) A PERSON THAT IS THE S UBJECT OF SYNTHETIC MEDIA PUBLISHED IN 6
VIOLATION OF THIS SE CTION MAY SEEK TO ENJOIN T HE PUBLICATION , 7
DISTRIBUTION, OR DISSEMINATION OF THE SYNTHETIC MEDIA BY A PERSON WH O 8
VIOLATES THE REQUIRE MENTS OF THIS SECTIO N. 9
(F) THE STATE BOARD MAY: 10
(1) ADOPT REGULATIONS THAT ESTABLISH PROCE DURES TO: 11
(I) LABEL SYNTHETIC MEDI A RELATED TO ELECTIONS ; AND 12
(II) REMOVE SYNTHETIC MED IA RELATED TO ELECTIONS THAT 13
ARE PUBLISHED, DISTRIBUTED, OR DISSEMINATED , OR ARE CAUSED TO BE 14
PUBLISHED, DISTRIBUTED, OR DISSEMINATED , BY A FOREIGN PERSON ; AND 15
(2) SEEK TO ENJOIN THE P UBLICATION, DISTRIBUTION, OR 16
DISSEMINATION OF SYN THETIC MEDIA RELATED TO ELECTIONS BY A PERSON WHO 17
VIOLATES THE REQUIREMENTS OF THIS SECTION. 18
13–602. 19
(a) (9) A person may not: 20
(i) publish or distribute, or cause to be published or distributed, 21
campaign material that violates § 13–401 of this title; [or] 22
(ii) publish, distribute, or disseminate, or cause to be published, 23
distributed, or disseminated, campaign material that violates § 13–401.1 of this title; OR 24
(III) PUBLISH, DISTRIBUTE, OR DISSEMINATE , OR CAUSE TO BE 25
PUBLISHED, DISTRIBUTED, OR DISSEMINATED , CAMPAIGN MATERIAL IN VIOLATIO N 26
OF § 13–401.2(C) OF THIS TITLE. 27
(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 28
SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 29
conviction is: 30
6 SENATE BILL 978
[(1)] (I) subject to a fine not exceeding $1,000 or imprisonment not 1
exceeding 1 year or both; and 2
[(2)] (II) ineligible to hold any public or party office for 4 years after the 3
date of the offense. 4
(2) A PERSON WHO VIOLATES SUBSECTION (A)(9)(III) OF THIS 5
SECTION IS SUBJECT T O A CIVIL PENALT Y OF: 6
(I) FOR A REPEAT VIOLATI ON WITHIN 5 YEARS OF A PRIOR 7
VIOLATION, $10,000; 8
(II) FOR A VIOLATION WITH THE INTENT TO CAUSE VIOLENCE 9
OR BODILY HARM , $5,000; AND 10
(III) FOR ANY OTHER VIOLAT ION, $1,000. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 12
measure, is necessary for the immediate preservation of the public health or safety, has 13
been passed by a yea and nay vote supported by three–fifths of all the members elected to 14
each of the two Houses of the General Assembly, and shall take effect from the date it is 15
enacted. 16