Maryland 2024 Regular Session

Maryland Senate Bill SB978 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0978
9	6
10	7		SENATE BILL 978
11	8		G1 EMERGENCY BILL 4lr1791
12	9		CF 4lr3222
13	10		By: Senator Hester
14	11		Introduced and read first time: February 2, 2024
15	12		Assigned to: Education, Energy, and the Environment
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted
18		-	Read second time: March 2, 2024
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Election Law – Synthetic Media – Disclosure and Regulation 2
25	19
26	20		FOR the purpose of requiring certain persons that publish, distribute, or disseminate, or 3
27	21		cause to be published, distributed, or disseminated synthetic media, to publish on 4
28	22		their website or submit to the State Board of Elections for publication certain original 5
29	23		media content; requiring certain persons that publish, distribute, or disseminate or 6
30	24		cause to be published, distributed, or disseminated synthetic media to include a 7
31	25		certain disclosure in a certain manner; authorizing the State Board to adopt 8
32	26		regulations that establish certain procedures to label or remove certain synthetic 9
33	27		media and to seek to enjoin the publication, distribution, or dissemination of certain 10
34	28		synthetic media; and generally relating to synthetic media and the State Board of 11
35	29		Elections. 12
36	30
37	31		BY adding to 13
38	32		Article – Election Law 14
39	33		Section 13–401.2 15
40	34		Annotated Code of Maryland 16
41	35		(2022 Replacement Volume and 2023 Supplement) 17
42	36
43	37		BY repealing and reenacting, with amendments, 18
44	38		Article – Election Law 19
45	39		Section 13–602(a)(9) and (b) 20
46	40		Annotated Code of Maryland 21
47	41		(2022 Replacement Volume and 2023 Supplement) 22
	42	+
	43	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
	44	+	That the Laws of Maryland read as follows: 24
	45	+
	46	+	Article – Election Law 25
48	47		2 SENATE BILL 978
49	48
50	49
51		-	BY repealing and reenacting, without amendments, 1
52		-	Article – Election Law 2
53		-	Section 13–602(b) 3
54		-	Annotated Code of Maryland 4
55		-	(2022 Replacement Volume and 2023 Supplement) 5
	50	+	13–401.2. 1
56	51
57		-	SECTION ~~1. BE IT ENACTED BY~~ THE ~~GENERAL ASSEMBLY OF MARYLAND, 6~~
58		-	~~That the Laws of Maryland read as follows: 7~~
	52	+	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 2
	53	+	INDICATED. 3
59	54
60		-	Article – Election Law 8
	55	+	(2) (I) “NEWS MEDIA ENTITY ” MEANS AN ENTITY ENGA GED 4
	56	+	PRIMARILY IN THE BUS INESS OF NEWSGATHERI NG, REPORTING, OR PUBLISHING 5
	57	+	ARTICLES OR COMMENTA RY ABOUT NEWS , CURRENT EVENTS , CULTURE, OR OTHER 6
	58	+	MATTERS OF PUBLIC IN TEREST. 7
61	59
62		-	13–401.2. 9
	60	+	(II) “NEWS MEDIA ENTITY ” INCLUDES AN ENTITY T HAT 8
	61	+	REPORTS OR PUBLISHES PRINT, AUDIO, OR VIDEO MEDIA , ONLINE OR OTHERWISE . 9
63	62
64		-	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 10
65		-	INDICATED. 11
	63	+	(3) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 10
	64	+	A VIDEO RECORDING TH AT HAS BEEN INTENTIONALLY CREATED OR MANIPULATED 11
	65	+	WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 12
	66	+	TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDIN G, OR 13
	67	+	VIDEO RECORDING THAT : 14
66	68
67		-	(2) (I) “NEWS MEDIA ENTITY ” MEANS AN ENTITY ENGA GED 12
68		-	PRIMARILY IN THE BUSINESS OF NEWS GATHERING, REPORTING, OR PUBLISHING 13
69		-	ARTICLES OR COMMENTA RY ABOUT NEWS , CURRENT EVENTS , CULTURE, OR OTHER 14
70		-	MATTERS OF PUBLIC IN TEREST. 15
	69	+	(I) PURPORTS TO DEPICT A REAL INDIVIDUAL , THE 15
	70	+	INDIVIDUAL’S SPEECH, OR THE INDIVIDUAL ’S CONDUCT; 16
71	71
72		-	(II) “NEWS MEDIA ENTITY ” INCLUDES AN ENTITY T HAT 16
73		-	REPORTS OR PUBLISHES PRINT, AUDIO, OR VIDEO MEDIA , ONLINE OR OTHERWISE . 17
	72	+	(II) PRODUCES A FUNDAMENT ALLY DIFFERENT 17
	73	+	UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 18
	74	+	CONDUCT THAN A REASONABLE INDIVIDUA L WOULD HAVE FROM TH E UNALTERED , 19
	75	+	ORIGINAL VERSION OF THE IMAGE, AUDIO RECORDING , OR VIDEO RECORDING ; OR 20
74	76
75		-	(3) “SYNTHETIC MEDIA , “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN 18
76		-	AUDIO RECORDING , OR A VIDEO RECORDING THAT HAS BEEN INTENT IONALLY 19
77		-	CREATED OR MANIPULAT ED WITH THE USE OF G ENERATIVE ARTIFICIAL 20
78		-	INTELLIGENCE OR OTHE R DIGITAL TECHNOLOGY TO CREATE A REALISTIC BU T 21
79		-	FALSE IMAGE , AUDIO RECORDING , OR VIDEO RECORDING T HAT ATTEMPTS TO 22
80		-	INFLUENCE THE CASTIN G OF A VOTE OR A DEC ISION TO VOTE BY: 23
	77	+	(III) IS OTHERWISE INTENDE D TO HARM THE REPUTA TION OF 21
	78	+	THE PERSON THAT IS T HE SUBJECT OF THE ME DIA. 22
81	79
82		-	(I) (1) PURPORTS PURPORTING TO DEPICT A REAL 24
83		-	INDIVIDUAL, THE INDIVIDUAL’S SPEECH, OR THE INDIVIDUAL ’S CONDUCT;, CLEARLY 25
84		-	IDENTIFIED CANDIDATE OR THE SPEECH OR CON DUCT OF THE CANDIDAT E; OR 26
	80	+	(B) THIS SECTION DOES NOT APPLY TO: 23
85	81
86		-	(II) (2) PRODUCES PRODUCING A FUNDAMENTALLY 27
87		-	DIFFERENT UNDERSTAND ING OR IMPRESSION OF AN INDIVIDUAL’S APPEARANCE , 28
88		-	SPEECH, OR CONDUCT THAN A RE ASONABLE INDIVIDUAL WOULD HAVE FROM THE 29
89		-	UNALTERED , ORIGINAL VERSION OF THE IMAGE, AUDIO RECORDING , OR VIDEO 30
90		-	RECORDING; OR 31
	82	+	(1) A NEWS MEDIA ENTITY : 24
91	83
92		-	(III) IS OTHERWISE INTENDE D TO HARM THE REPUTA TION OF 32
93		-	THE PERSON THAT IS T HE SUBJECT OF THE ME DIA. 33
	84	+	(I) 1. THAT BROADCASTS SYNT HETIC MEDIA THAT WOU LD 25
	85	+	OTHERWISE VIOLATE TH IS SECTION AS PART O F A BONA FIDE NEWSCA ST, A NEWS 26
	86	+	INTERVIEW, A NEWS DOCUMENTARY , OR ON–THE–SPOT COVERAGE ; AND 27
	87	+
	88	+	2. IF THE NEWS MEDIA EN TITY CLEARLY STATES IN TH E 28
	89	+	BROADCAST, IN A MANNER THAT IS REASONABLY CALCULATE D TO BE UNDERSTOOD 29
	90	+	BY AN AVERAGE VIEWER OF THE BROADCAST , THAT THE SYNTHETIC M EDIA BEING 30
	91	+	BROADCASTED MAY OR M AY NOT BE AUTHENTIC ; OR 31
94	92		SENATE BILL 978 3
95	93
96	94
97		-	(B) (1) THIS SECTION APPLIES ONLY TO A CANDIDATE OR AN AGENT OF A 1
98		-	CANDIDATE, A CAMPAIGN FINANCE E NTITY OR AN AGENT OF A CAMPAIGN FINANCE 2
99		-	ENTITY, OR A PERSON REQUIRED TO REGISTER UNDER § 13–306, § 13–307, OR § 3
100		-	13–309.2 OF THIS TITLE OR AN AGENT OF A PERSON RE QUIRED TO REGISTER UNDER 4
101		-	§ 13–306, § 13–307, OR § 13–309.2 OF THIS TITLE. 5
	95	+	(II) 1. THAT IS PAID TO BROA DCAST SYNTHETIC MEDIA THAT 1
	96	+	WOULD OTHERWISE VIOL ATE THIS SECTION ; AND 2
102	97
103		-	(B) (2) THIS SECTION DOES NOT APPLY TO: 6
	98	+	2. THAT HAS MADE A GOOD FAITH EFFORT TO 3
	99	+	ESTABLISH THAT THE M EDIA IS NOT SYNTHETI C MEDIA; 4
104	100
105		-	(I) A NEWS STORY , A COMMENTARY , OR AN EDITORIAL 7
106		-	DISSEMINATED BY A BR OADCASTING STATION , INCLUDING A CABLE TE LEVISION 8
107		-	OPERATOR, PROGRAMMER , OR PRODUCER , OR SATELLITE TELEVIS ION OR RADIO 9
108		-	PROVIDER, WEBSITE, NEWSPAPER , MAGAZINE, OR OTHER PERIODICAL 10
109		-	PUBLICATION, INCLUDING ANY INTERNET OR ELECTRONI C PUBLICATION , THAT IS 11
110		-	NOT CONTROLLED BY A CANDIDATE OR POLITIC AL PARTY; OR 12
	101	+	(2) A WEBSITE, REGULARLY PUBLISHED NEWSPAPER , MAGAZINE, OR 5
	102	+	PERIODICAL OF GENERA L CIRCULATION THAT : 6
111	103
112		-	(1) A NEWS MEDIA ENTITY: 13
	104	+	(I) ROUTINELY PUBLISHES NEWS OR COMMENTARY O F 7
	105	+	GENERAL INTEREST ; AND 8
113	106
114		-	(I) 1. THAT BROADCASTS SYNT HETIC MEDIA THAT WOU LD 14
115		-	OTHERWISE VIOLATE TH IS SECTION AS PART O F A BONA FIDE NEWSCA ST, A NEWS 15
116		-	INTERVIEW, A NEWS DOCUMENTARY , OR ON–THE–SPOT COVERAGE ; AND 16
	107	+	(II) CLEARLY STATES , IN A MANNER REASONAB LY CALCULATED 9
	108	+	TO BE UNDERSTOOD BY THE AVERAGE READER O F THE WEBSITE , NEWSPAPER , 10
	109	+	MAGAZINE, OR PERIODICAL OF GEN ERAL CIRCULATION , THAT A PIECE OF 11
	110	+	SYNTHETIC MEDIA PUBLIS HED DOES NOT ACCURAT ELY REPRESENT THE SP EECH OR 12
	111	+	CONDUCT OF THE SUBJE CT OF THE SYNTHETIC MEDIA; OR 13
117	112
118		-	2. IF THE NEWS MEDIA EN TITY CLEARLY STATES IN THE 17
119		-	BROADCAS T, IN A MANNER THAT IS REASONABLY CALCULATE D TO BE UNDERSTOOD 18
120		-	BY AN AVERAGE VIEWER OF THE BROADCAST , THAT THE SYNTHETIC M EDIA BEING 19
121		-	BROADCASTED MAY OR M AY NOT BE AUTHENTIC ; OR 20
	113	+	(3) SYNTHETIC MEDIA THAT IS SATIRE OR PARODY . 14
122	114
123		-	(II) 1. THAT IS PAID TO BROA DCAST SYNTHETIC MEDI A THAT 21
124		-	WOULD OTHERWISE VIOL ATE THIS SECTION; AND 22
	115	+	(C) (1) A PERSON THAT PUBLISHE S, DISTRIBUTES, OR DISSEMINATES 15
	116	+	SYNTHETIC MEDIA , OR CAUSES SYNTHETIC MEDIA TO BE PUBLISHE D, DISTRIBUTED, 16
	117	+	OR DISSEMINATED WITH IN 90 DAYS BEFORE AN ELECTION SHALL : 17
125	118
126		-	2. THAT HAS MADE A GOOD FAITH EFFORT TO 23
127		-	ESTABLISH THAT THE M EDIA IS NOT SYNTHETI C MEDIA; 24
	119	+	(I) 1. EXCEPT AS PROVIDED I N PARAGRAPH (2) OF THIS 18
	120	+	SUBSECTION, PUBLISH THE ORIGINAL CONT ENT THAT WAS MANIPUL ATED TO 19
	121	+	GENERATE THE SYNTHET IC MEDIA ON THE WEBS ITE OF THE PERSON ; OR 20
128	122
129		-	(2~~) A WEBSITE,~~ ~~REGULARLY PUBLISHED NEWSPAPER , MAGAZINE,~~ ~~OR 25~~
130		-	~~PERIODICAL OF GENERA L CIRCULATION THAT : 26~~
	123	+	2. SUBMIT THE ORIGINAL MATERIAL TO THE STATE 21
	124	+	BOARD FOR PUBLICATION ON THE STATE BOARD’S WEBSITE; AND 22
131	125
132		-	(I) ROUTINELY PUBLISHES NEWS OR COMMENTARY OF 27
133		-	GENERAL INTEREST ; AND 28
	126	+	(II) IN ADDITION TO THE RE QUIREMENTS OF §§ 13–401 AND 23
	127	+	13–403 OF THIS SUBTITLE , MAKE THE DISCLOSURE REQUI RED UNDER SUBSECTION 24
	128	+	(D) OF THIS SECTION. 25
134	129
135		-	(II) CLEARLY STATES , IN A MANNER REASONAB LY CALCULATED 29
136		-	TO BE UNDERSTOOD BY THE AVERAGE READER O F THE WEBSITE , NEWSPAPER , 30
137		-	MAGAZINE, OR PERIODICAL OF GEN ERAL CIRCULATION , THAT A PIECE OF 31
138		-	SYNTHETIC MEDIA PUBL ISHED DOES NOT ACCURATELY REPRE SENT THE SPEECH OR 32
139		-	CONDUCT OF THE SUBJE CT OF THE SYNTHETIC MEDIA; OR 33
140		-	4 SENATE BILL 978
	130	+	(2) IF THE PERSON IS A CANDIDATE OR AN AGENT OF A CAN DIDATE, A 26
	131	+	CAMPAIGN FINANCE ENT ITY, OR A PERSON REQUIRED TO REGISTER UNDER § 27
	132	+	13–306, § 13–307, OR § 13–309.2 OF THIS TITLE AND TH E ORIGINAL MATERIAL WAS 28
	133	+	NOT SUBMITTED TO THE STATE BOARD UNDER PARAGRAPH (1)(I)2 OF THIS 29
	134	+	SUBSECTION, THE CANDIDATE , AGENT OF THE CANDIDA TE, CAMPAIGN FINANCE 30
	135	+	ENTITY, OR PERSON REQUIRED T O REGISTER UNDER § 13–306, § 13–307, OR § 31
	136	+	13–309.2 OF THIS TITLE SHALL PUBLISH ON THE WEBSI TE OF THE CANDIDATE , 32 4 SENATE BILL 978
141	137
142	138
143		-	(3) (II) SYNTHETIC MEDIA THAT IS SATIRE OR PARODY . 1
	139	+	CAMPAIGN FINANCE ENT ITY, OR PERSON THE ORIGIN AL CONTENT THAT WAS 1
	140	+	MANIPULATED TO GENERATE THE SYNT HETIC MEDIA. 2
144	141
145		-	(C) (1) A ~~PERSON THAT PUBLISHE S~~, ~~DISTRIBUTES, OR DISSEMINATES 2~~
146		-	~~SYNTHETIC MEDIA ,~~ OR ~~CAUSES SYNTHETIC MEDIA TO BE PUBLISHE D,~~ ~~DISTRIBUTED, 3~~
147		-	~~OR DISSEMINATED WITHIN 90 DAYS BEFORE~~ AN ~~ELECT ION SHALL:~~ 4
	142	+	(D) (1) (I) FOR A STILL IMAGE, THE DISCLOSURE SHALL INCLUDE THE 3
	143	+	STATEMENT “THIS IMAGE HAS BEEN A LTERED OR MODIFIED T HROUGH THE USE OF 4
	144	+	COMPUTER PROGRAMS TO DISPLAY AN EVENT OR IMAGE THAT DID NOT O CCUR.”. 5
148	145
149		-	(I) (1) 1. EXCEPT AS PROVIDED I N PARAGRAPH (2) OF 5
150		-	THIS SUBSECTION, PUBLISH THE ORIGINAL CONTENT THAT WAS MAN IPULATED TO 6
151		-	GENERATE THE SYNTHET IC MEDIA ON THE WEBS ITE OF THE PERSON ; OR 7
	146	+	(II) THE STATEMENT REQUIRE D UNDER SUBPARAGRAPH (I) OF 6
	147	+	THIS PARAGRAPH SHALL BE WRITTEN IN A TYPE SIZE THAT IS: 7
152	148
153		-	2. SUBMIT THE ORIGINAL MATERIAL TO THE STATE 8
154		-	BOARD FOR PUBLICATION ON THE STATE BOARD’S WEBSITE; AND 9
	149	+	1. EASILY READABLE BY T HE AVERAGE VIEWER ; AND 8
155	150
156		-	(II) (2) IN IN ADDITION TO THE REQUIREMENTS OF §§ 13–401 10
157		-	AND 13–403 OF THIS SUBTITLE , MAKE THE DISCLOSURE REQUIRED UNDER 11
158		-	SUBSECTION (D) OF THIS SECTION. 12
	151	+	2. NOT SMALLER THAN THE LARGEST TYPE SIZE OF 9
	152	+	OTHER TEXT APPEARING ON THE STILL IMAGE . 10
159	153
160		-	(2) IF THE PERSON IS A CA NDIDATE OR AN AGENT OF A CANDIDATE , A 13
161		-	CAMPAIGN FINANCE ENT ITY, OR A PERSON REQUIRED TO REGISTER UNDER § 14
162		-	13–306, § 13–307, OR § 13–309.2 OF THIS TITLE AND TH E ORIGINAL MATERIAL WAS 15
163		-	NOT SUBMITTED TO THE STATE BOARD UNDER PARAGRAPH (1)(I)2 OF THIS 16
164		-	SUBSECTION, THE CANDIDATE , AGENT OF THE CANDIDA TE, CAMPAIGN FINANCE 17
165		-	ENTITY, OR PERSON REQUIRED T O REGISTER UNDER § 13–306, § 13–307, OR § 18
166		-	13–309.2 OF THIS TITLE SHALL PUBLISH ON THE WEBSI TE OF THE CANDIDATE , 19
167		-	CAMPAIGN FINANCE ENT ITY, OR PERSON THE ORIGIN AL CONTENT THAT WAS 20
168		-	MANIPULATED TO GENER ATE THE SYNTHETIC ME DIA. 21
	154	+	(2) (I) FOR MEDIA THAT IS ONL Y AN AUDIO RECORDING , THE 11
	155	+	DISCLOSURE SHALL INC LUDE THE STATEMENT “THIS AUDIO HAS BEEN A LTERED OR 12
	156	+	MODIFIED THROUGH THE USE OF COMPUTER PROG RAMS TO DISPLAY A SO UND THAT 13
	157	+	DID NOT OCCUR .”. 14
169	158
170		-	(D) (1) (I) FOR A STILL IMAGE, THE DISCLOSURE SHALL INCLUDE THE 22
171		-	STATEMENT “THIS IMAGE HAS BEEN A LTERED OR MODIFIED T HROUGH THE USE OF 23
172		-	COMPUTER PROGRAMS TO DISPLAY AN EVENT OR IMAGE THAT DID NOT O CCUR IN 24
173		-	REALITY.”. 25
	159	+	(II) THE STATEMENT REQUIRE D UNDER SUBPARAGRAPH (I) OF 15
	160	+	THIS PARAGRAPH SHALL BE READ: 16
174	161
175		-	~~(II) THE STATEMENT REQUIRE D UNDER SUBPARA GRAPH (I) OF 26~~
176		-	~~THIS PARAGRAPH SHALL~~ BE ~~WRITTEN IN A TYPE SIZE THAT IS:~~ 27
	162	+	1. IN A CLEARLY SPOKEN MANNER A T A PITCH AND 17
	163	+	SPEED THAT CAN EASIL Y BE HEARD BY THE AV ERAGE LISTENER ; AND 18
177	164
178		-	1. ~~EASILY READABLE BY T HE AVERAGE VIEWER~~ ; ~~AND 28~~
	165	+	2. A. AT THE BEGINNING OF THE AUDIO RECORDING ; 19
179	166
180		-	2. NOT SMALLER THAN THE LARGEST TYPE SIZE OF 29
181		-	OTHER TEXT APPEARING ON THE STILL IMAGE . 30
	167	+	B. AT THE END OF THE AU DIO RECORDING ; AND 20
182	168
183		-	(2) (I) FOR MEDIA THAT IS ONL Y AN AUDIO RECORDING , THE 31
184		-	DISCLOSURE SHALL INC LUDE THE STATEMENT “THIS AUDIO HAS BEEN A LTERED OR 32
185		-	MODIFIED THROUGH THE USE OF COMPUTER PROG RAMS TO DISPLAY A SO UND THAT 33
186		-	DID NOT OCCUR IN REALITY.”. 34 SENATE BILL 978 5
	169	+	C. FOR AUDIO RECORDINGS OF 2 MINUTES DURATION OR 21
	170	+	LONGER, INTERSPERSED THROUGHOUT AT INTERV ALS OF NOT MORE THAN 2 22
	171	+	MINUTES. 23
	172	+
	173	+	(3) (I) FOR A VIDEO RECORDING , THE DISCLOSURE SHALL 24
	174	+	INCLUDE THE STATEMEN T “THIS VIDEO HAS BEEN A LTERED OR MODIFIED 25
	175	+	THROUGH THE USE OF C OMPUTER PROGRAMS TO DISPLAY AN EVENT , A SOUND, OR 26
	176	+	AN IMAGE THAT DI D NOT OCCUR.”. 27
	177	+
	178	+	(II) THE STATEMENT REQUIRE D UNDER SUBPARAGRAPH (I) OF 28
	179	+	THIS PARAGRAPH SHALL BE WRITTEN IN: 29
	180	+	SENATE BILL 978 5
187	181
188	182
	183	+	1. TEXT THAT REMAINS VI SIBLE TO THE VIEWER FOR 1
	184	+	THE DURATION OF THE VIDEO RECORDING ; AND 2
189	185
190		-	(II) THE STATEMENT REQUIRE D UNDER SU BPARAGRAPH (I) OF 1
191		-	THIS PARAGRAPH SHALL BE READ: 2
	186	+	2. A TYPE SIZE THAT IS EASILY READABLE TO T HE 3
	187	+	AVERAGE VIEWER AND P LACED IN A CONSPICUO US LOCATION IN THE F RAME OF THE 4
	188	+	VIDEO. 5
192	189
193		-	1. IN A CLEARLY SPOKEN MANNER AT A PITCH AN D 3
194		-	SPEED THAT CAN EASIL Y BE HEARD BY THE AV ERAGE LISTENER ; AND 4
	190	+	(E) A PERSON THAT IS THE S UBJECT OF SYNTHETIC MEDIA PUBLISHED IN 6
	191	+	VIOLATION OF THIS SE CTION MAY SEEK TO ENJOIN T HE PUBLICATION , 7
	192	+	DISTRIBUTION, OR DISSEMINATION OF THE SYNTHETIC MEDIA BY A PERSON WH O 8
	193	+	VIOLATES THE REQUIRE MENTS OF THIS SECTIO N. 9
195	194
196		-	~~2. A. AT~~ THE ~~BEGINNING OF THE AUDIO RECORDING ; 5~~
	195	+	(F) THE STATE BOARD MAY: 10
197	196
198		-	~~B. AT THE END OF THE AU DIO RECORDING ; AND 6~~
	197	+	(1) ADOPT REGULATIONS THAT ESTABLISH PROCE DURES TO: 11
199	198
200		-	C. FOR AUDIO RECORDINGS OF 2 MINUTES DURATION OR 7
201		-	LONGER, INTERSPERSED THROUGH OUT AT INTERVALS OF NOT MORE THAN 2 8
202		-	MINUTES. 9
	199	+	(I) LABEL SYNTHETIC MEDI A RELATED TO ELECTIONS ; AND 12
203	200
204		-	(3) (I) FOR A VIDEO RECORDING , THE DISCLOSURE SHALL 10
205		-	INCLUDE THE STATEMEN T “THIS VIDEO HAS BEEN A LTERED OR MODIFIED 11
206		-	THROUGH THE USE OF C OMPUTER PROGRAMS TO DISPLAY AN EVENT , A SOUND, OR 12
207		-	AN IMAGE THAT DID NO T OCCUR IN REALITY.”. 13
	201	+	(II) REMOVE SYNTHETIC MED IA RELATED TO ELECTIONS THAT 13
	202	+	ARE PUBLISHED, DISTRIBUTED, OR DISSEMINATED , OR ARE CAUSED TO BE 14
	203	+	PUBLISHED, DISTRIBUTED, OR DISSEMINATED , BY A FOREIGN PERSON ; AND 15
208	204
209		-	(II) THE STATEMENT REQUIRE D UNDER SUBPARAGRAPH (I) OF 14
210		-	THIS PARAGRAPH SHALL BE WRITTEN IN: 15
	205	+	(2) SEEK TO ENJOIN THE P UBLICATION, DISTRIBUTION, OR 16
	206	+	DISSEMINATION OF SYN THETIC MEDIA RELATED TO ELECTIONS BY A PERSON WHO 17
	207	+	VIOLATES THE REQUIREMENTS OF THIS SECTION. 18
211	208
212		-	1. TEXT THAT REMAINS VI SIBLE TO THE VIEWER FOR 16
213		-	THE DURATION OF THE VIDEO RECORDING ; AND 17
	209	+	13–602. 19
214	210
215		-	2. A TYPE SIZE THAT IS EASILY READABLE TO T HE 18
216		-	AVERAGE VIEWER AND P LACED IN A CONSPICUO US LOCATION IN THE FRAME OF THE 19
217		-	VIDEO. 20
	211	+	(a) (9) A person may not: 20
218	212
219		-	(E) A PERSON THAT IS THE S UBJECT OF SYNTHETIC MEDIA PUBLISHED IN 21
220		-	VIOLATION OF THIS SE CTION MAY SEEK TO EN JOIN THE PUBLICATION , 22
221		-	DISTRIBUTION, OR DISSEMINATION OF THE SYNTHETIC MEDIA BY A PERSON WHO 23
222		-	VIOLATES THE REQUIRE MENTS OF THIS SECTION. 24
	213	+	(i) publish or distribute, or cause to be published or distributed, 21
	214	+	campaign material that violates § 13–401 of this title; [or] 22
223	215
224		-	(F) (E) THE STATE BOARD MAY: 25
	216	+	(ii) publish, distribute, or disseminate, or cause to be published, 23
	217	+	distributed, or disseminated, campaign material that violates § 13–401.1 of this title; OR 24
225	218
226		-	(1) ADOPT REGULATIONS TH AT ESTABLISH PROCEDU RES TO: 26
	219	+	(III) PUBLISH, DISTRIBUTE, OR DISSEMINATE , OR CAUSE TO BE 25
	220	+	PUBLISHED, DISTRIBUTED, OR DISSEMINATED , CAMPAIGN MATERIAL IN VIOLATIO N 26
	221	+	OF § 13–401.2(C) OF THIS TITLE. 27
227	222
228		-	(I) LABEL SYNTHETIC MEDI A RELATED TO ELECTIO NS; AND 27
229		-
230		-	(II) REMOVE SYNTHETIC MED IA RELATED TO ELECTI ONS THAT 28
231		-	ARE PUBLISHED , DISTRIBUTED, OR DISSEMINATED , OR ARE CAUSED TO BE 29
232		-	PUBLISHED, DISTRIBUTED, OR DISSEMINATED , BY A FOREIGN PERSON ; AND 30 6 SENATE BILL 978
	223	+	(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 28
	224	+	SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 29
	225	+	conviction is: 30
	226	+	6 SENATE BILL 978
233	227
234	228
	229	+	[(1)] (I) subject to a fine not exceeding $1,000 or imprisonment not 1
	230	+	exceeding 1 year or both; and 2
235	231
236		-	(2) SEEK TO ENJOIN THE P UBLICATION, DISTRIBUTION, OR 1
237		-	DISSEMINATION OF SYN THETIC MEDIA RELATED TO ELECTIONS BY A PE RSON WHO 2
238		-	VIOLATES THE REQUIRE MENTS OF THIS SECTIO N. 3
	232	+	[(2)] (II) ineligible to hold any public or party office for 4 years after the 3
	233	+	date of the offense. 4
239	234
240		-	13–602. 4
	235	+	(2) A PERSON WHO VIOLATES SUBSECTION (A)(9)(III) OF THIS 5
	236	+	SECTION IS SUBJECT T O A CIVIL PENALT Y OF: 6
241	237
242		-	(a) (9) A person may not: 5
	238	+	(I) FOR A REPEAT VIOLATI ON WITHIN 5 YEARS OF A PRIOR 7
	239	+	VIOLATION, $10,000; 8
243	240
244		-	(i) ~~publish or distribute,~~ or cause ~~to be published or distributed, 6~~
245		-	~~campaign material that violates § 13–401 of this title~~; ~~[or] 7~~
	241	+	(II) FOR A VIOLATION WITH THE INTENT TO CAUSE VIOLENCE 9
	242	+	OR BODILY HARM , $5,000; AND 10
246	243
247		-	(ii) publish, distribute, or disseminate, or cause to be published, 8
248		-	distributed, or disseminated, campaign material that violates § 13–401.1 of this title; OR 9
	244	+	(III) FOR ANY OTHER VIOLAT ION, $1,000. 11
249	245
250		-	(III) PUBLISH, DISTRIBUTE, OR DISSEMINATE , OR CAUSE TO BE 10
251		-	PUBLISHED, DISTRIBUTED, OR DISSEMINATED , CAMPAIGN MATERIAL IN VIOLATION 11
252		-	OF § 13–401.2(C) OF THIS TITLE. 12
253		-
254		-	(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 13
255		-	SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 14
256		-	conviction is: 15
257		-
258		-	[(1)] (I) subject to a fine not exceeding $1,000 or imprisonment not 16
259		-	exceeding 1 year or both; and 17
260		-
261		-	[(2)] (II) ineligible to hold any public or party office for 4 years after the 18
262		-	date of the offense. 19
263		-
264		-	(2) A PERSON WHO VIOLATES SUBSECTION (A)(9)(III) OF THIS 20
265		-	SECTION IS SUBJECT T O A CIVIL PENALTY OF : 21
266		-
267		-	(I) FOR A REPEAT VIOLATI ON WITHIN 5 YEARS OF A PRIOR 22
268		-	VIOLATION, $10,000; 23
269		-
270		-	(II) FOR A VIOLATION WITH THE INTENT TO CAUSE VIOLENCE 24
271		-	OR BODILY HARM , $5,000; AND 25
272		-
273		-	(III) FOR ANY OTHER VIOLAT ION, $1,000. 26
274		-
275		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 27
276		-	measure, is necessary for the immediate preservation of the public health or safety, has 28
277		-	been passed by a yea and nay vote supported by three–fifths of all the members elected to 29
278		-	each of the two Houses of the General Assembly, and shall take effect from the date it is 30
279		-	enacted shall take effect June 1, 2024. 31
	246	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 12
	247	+	measure, is necessary for the immediate preservation of the public health or safety, has 13
	248	+	been passed by a yea and nay vote supported by three–fifths of all the members elected to 14
	249	+	each of the two Houses of the General Assembly, and shall take effect from the date it is 15
	250	+	enacted. 16