EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2024
CHAPTER ______
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
2 SENATE BILL 978
BY repealing and reenacting, without amendments, 1
Article – Election Law 2
Section 13–602(b) 3
Annotated Code of Maryland 4
(2022 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Election Law 8
13–401.2. 9
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) (I) “NEWS MEDIA ENTITY ” MEANS AN ENTITY ENGA GED 12
PRIMARILY IN THE BUSINESS OF NEWS GATHERING, REPORTING, OR PUBLISHING 13
ARTICLES OR COMMENTA RY ABOUT NEWS , CURRENT EVENTS , CULTURE, OR OTHER 14
MATTERS OF PUBLIC IN TEREST. 15
(II) “NEWS MEDIA ENTITY ” INCLUDES AN ENTITY T HAT 16
REPORTS OR PUBLISHES PRINT, AUDIO, OR VIDEO MEDIA , ONLINE OR OTHERWISE . 17
(3) “SYNTHETIC MEDIA , “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN 18
AUDIO RECORDING , OR A VIDEO RECORDING THAT HAS BEEN INTENT IONALLY 19
CREATED OR MANIPULAT ED WITH THE USE OF G ENERATIVE ARTIFICIAL 20
INTELLIGENCE OR OTHE R DIGITAL TECHNOLOGY TO CREATE A REALISTIC BU T 21
FALSE IMAGE , AUDIO RECORDING , OR VIDEO RECORDING T HAT ATTEMPTS TO 22
INFLUENCE THE CASTIN G OF A VOTE OR A DEC ISION TO VOTE BY: 23
(I) (1) PURPORTS PURPORTING TO DEPICT A REAL 24
INDIVIDUAL, THE INDIVIDUAL’S SPEECH, OR THE INDIVIDUAL ’S CONDUCT;, CLEARLY 25
IDENTIFIED CANDIDATE OR THE SPEECH OR CON DUCT OF THE CANDIDAT E; OR 26
(II) (2) PRODUCES PRODUCING A FUNDAMENTALLY 27
DIFFERENT UNDERSTAND ING OR IMPRESSION OF AN INDIVIDUAL’S APPEARANCE , 28
SPEECH, OR CONDUCT THAN A RE ASONABLE INDIVIDUAL WOULD HAVE FROM THE 29
UNALTERED , ORIGINAL VERSION OF THE IMAGE, AUDIO RECORDING , OR VIDEO 30
RECORDING; OR 31
(III) IS OTHERWISE INTENDE D TO HARM THE REPUTA TION OF 32
THE PERSON THAT IS T HE SUBJECT OF THE ME DIA. 33
SENATE BILL 978 3
(B) (1) THIS SECTION APPLIES ONLY TO A CANDIDATE OR AN AGENT OF A 1
CANDIDATE, A CAMPAIGN FINANCE E NTITY OR AN AGENT OF A CAMPAIGN FINANCE 2
ENTITY, OR A PERSON REQUIRED TO REGISTER UNDER § 13–306, § 13–307, OR § 3
13–309.2 OF THIS TITLE OR AN AGENT OF A PERSON RE QUIRED TO REGISTER UNDER 4
§ 13–306, § 13–307, OR § 13–309.2 OF THIS TITLE. 5
(B) (2) THIS SECTION DOES NOT APPLY TO: 6
(I) A NEWS STORY , A COMMENTARY , OR AN EDITORIAL 7
DISSEMINATED BY A BR OADCASTING STATION , INCLUDING A CABLE TE LEVISION 8
OPERATOR, PROGRAMMER , OR PRODUCER , OR SATELLITE TELEVIS ION OR RADIO 9
PROVIDER, WEBSITE, NEWSPAPER , MAGAZINE, OR OTHER PERIODICAL 10
PUBLICATION, INCLUDING ANY INTERNET OR ELECTRONI C PUBLICATION , THAT IS 11
NOT CONTROLLED BY A CANDIDATE OR POLITIC AL PARTY; OR 12
(1) A NEWS MEDIA ENTITY: 13
(I) 1. THAT BROADCASTS SYNT HETIC MEDIA THAT WOU LD 14
OTHERWISE VIOLATE TH IS SECTION AS PART O F A BONA FIDE NEWSCA ST, A NEWS 15
INTERVIEW, A NEWS DOCUMENTARY , OR ON–THE–SPOT COVERAGE ; AND 16
2. IF THE NEWS MEDIA EN TITY CLEARLY STATES IN THE 17
BROADCAS T, IN A MANNER THAT IS REASONABLY CALCULATE D TO BE UNDERSTOOD 18
BY AN AVERAGE VIEWER OF THE BROADCAST , THAT THE SYNTHETIC M EDIA BEING 19
BROADCASTED MAY OR M AY NOT BE AUTHENTIC ; OR 20
(II) 1. THAT IS PAID TO BROA DCAST SYNTHETIC MEDI A THAT 21
WOULD OTHERWISE VIOL ATE THIS SECTION; AND 22
2. THAT HAS MADE A GOOD FAITH EFFORT TO 23
ESTABLISH THAT THE M EDIA IS NOT SYNTHETI C MEDIA; 24
(2) A WEBSITE, REGULARLY PUBLISHED NEWSPAPER , MAGAZINE, OR 25
PERIODICAL OF GENERA L CIRCULATION THAT : 26
(I) ROUTINELY PUBLISHES NEWS OR COMMENTARY OF 27
GENERAL INTEREST ; AND 28
(II) CLEARLY STATES , IN A MANNER REASONAB LY CALCULATED 29
TO BE UNDERSTOOD BY THE AVERAGE READER O F THE WEBSITE , NEWSPAPER , 30
MAGAZINE, OR PERIODICAL OF GEN ERAL CIRCULATION , THAT A PIECE OF 31
SYNTHETIC MEDIA PUBL ISHED DOES NOT ACCURATELY REPRE SENT THE SPEECH OR 32
CONDUCT OF THE SUBJE CT OF THE SYNTHETIC MEDIA; OR 33
4 SENATE BILL 978
(3) (II) SYNTHETIC MEDIA THAT IS SATIRE OR PARODY . 1
(C) (1) A PERSON THAT PUBLISHE S, DISTRIBUTES, OR DISSEMINATES 2
SYNTHETIC MEDIA , OR CAUSES SYNTHETIC MEDIA TO BE PUBLISHE D, DISTRIBUTED, 3
OR DISSEMINATED WITHIN 90 DAYS BEFORE AN ELECT ION SHALL: 4
(I) (1) 1. EXCEPT AS PROVIDED I N PARAGRAPH (2) OF 5
THIS SUBSECTION, PUBLISH THE ORIGINAL CONTENT THAT WAS MAN IPULATED TO 6
GENERATE THE SYNTHET IC MEDIA ON THE WEBS ITE OF THE PERSON ; OR 7
2. SUBMIT THE ORIGINAL MATERIAL TO THE STATE 8
BOARD FOR PUBLICATION ON THE STATE BOARD’S WEBSITE; AND 9
(II) (2) IN IN ADDITION TO THE REQUIREMENTS OF §§ 13–401 10
AND 13–403 OF THIS SUBTITLE , MAKE THE DISCLOSURE REQUIRED UNDER 11
SUBSECTION (D) OF THIS SECTION. 12
(2) IF THE PERSON IS A CA NDIDATE OR AN AGENT OF A CANDIDATE , A 13
CAMPAIGN FINANCE ENT ITY, OR A PERSON REQUIRED TO REGISTER UNDER § 14
13–306, § 13–307, OR § 13–309.2 OF THIS TITLE AND TH E ORIGINAL MATERIAL WAS 15
NOT SUBMITTED TO THE STATE BOARD UNDER PARAGRAPH (1)(I)2 OF THIS 16
SUBSECTION, THE CANDIDATE , AGENT OF THE CANDIDA TE, CAMPAIGN FINANCE 17
ENTITY, OR PERSON REQUIRED T O REGISTER UNDER § 13–306, § 13–307, OR § 18
13–309.2 OF THIS TITLE SHALL PUBLISH ON THE WEBSI TE OF THE CANDIDATE , 19
CAMPAIGN FINANCE ENT ITY, OR PERSON THE ORIGIN AL CONTENT THAT WAS 20
MANIPULATED TO GENER ATE THE SYNTHETIC ME DIA. 21
(D) (1) (I) FOR A STILL IMAGE, THE DISCLOSURE SHALL INCLUDE THE 22
STATEMENT “THIS IMAGE HAS BEEN A LTERED OR MODIFIED T HROUGH THE USE OF 23
COMPUTER PROGRAMS TO DISPLAY AN EVENT OR IMAGE THAT DID NOT O CCUR IN 24
REALITY.”. 25
(II) THE STATEMENT REQUIRE D UNDER SUBPARA GRAPH (I) OF 26
THIS PARAGRAPH SHALL BE WRITTEN IN A TYPE SIZE THAT IS: 27
1. EASILY READABLE BY T HE AVERAGE VIEWER ; AND 28
2. NOT SMALLER THAN THE LARGEST TYPE SIZE OF 29
OTHER TEXT APPEARING ON THE STILL IMAGE . 30
(2) (I) FOR MEDIA THAT IS ONL Y AN AUDIO RECORDING , THE 31
DISCLOSURE SHALL INC LUDE THE STATEMENT “THIS AUDIO HAS BEEN A LTERED OR 32
MODIFIED THROUGH THE USE OF COMPUTER PROG RAMS TO DISPLAY A SO UND THAT 33
DID NOT OCCUR IN REALITY.”. 34 SENATE BILL 978 5
(II) THE STATEMENT REQUIRE D UNDER SU BPARAGRAPH (I) OF 1
THIS PARAGRAPH SHALL BE READ: 2
1. IN A CLEARLY SPOKEN MANNER AT A PITCH AN D 3
SPEED THAT CAN EASIL Y BE HEARD BY THE AV ERAGE LISTENER ; AND 4
2. A. AT THE BEGINNING OF THE AUDIO RECORDING ; 5
B. AT THE END OF THE AU DIO RECORDING ; AND 6
C. FOR AUDIO RECORDINGS OF 2 MINUTES DURATION OR 7
LONGER, INTERSPERSED THROUGH OUT AT INTERVALS OF NOT MORE THAN 2 8
MINUTES. 9
(3) (I) FOR A VIDEO RECORDING , THE DISCLOSURE SHALL 10
INCLUDE THE STATEMEN T “THIS VIDEO HAS BEEN A LTERED OR MODIFIED 11
THROUGH THE USE OF C OMPUTER PROGRAMS TO DISPLAY AN EVENT , A SOUND, OR 12
AN IMAGE THAT DID NO T OCCUR IN REALITY.”. 13
(II) THE STATEMENT REQUIRE D UNDER SUBPARAGRAPH (I) OF 14
THIS PARAGRAPH SHALL BE WRITTEN IN: 15
1. TEXT THAT REMAINS VI SIBLE TO THE VIEWER FOR 16
THE DURATION OF THE VIDEO RECORDING ; AND 17
2. A TYPE SIZE THAT IS EASILY READABLE TO T HE 18
AVERAGE VIEWER AND P LACED IN A CONSPICUO US LOCATION IN THE FRAME OF THE 19
VIDEO. 20
(E) A PERSON THAT IS THE S UBJECT OF SYNTHETIC MEDIA PUBLISHED IN 21
VIOLATION OF THIS SE CTION MAY SEEK TO EN JOIN THE PUBLICATION , 22
DISTRIBUTION, OR DISSEMINATION OF THE SYNTHETIC MEDIA BY A PERSON WHO 23
VIOLATES THE REQUIRE MENTS OF THIS SECTION. 24
(F) (E) THE STATE BOARD MAY: 25
(1) ADOPT REGULATIONS TH AT ESTABLISH PROCEDU RES TO: 26
(I) LABEL SYNTHETIC MEDI A RELATED TO ELECTIO NS; AND 27
(II) REMOVE SYNTHETIC MED IA RELATED TO ELECTI ONS THAT 28
ARE PUBLISHED , DISTRIBUTED, OR DISSEMINATED , OR ARE CAUSED TO BE 29
PUBLISHED, DISTRIBUTED, OR DISSEMINATED , BY A FOREIGN PERSON ; AND 30 6 SENATE BILL 978
(2) SEEK TO ENJOIN THE P UBLICATION, DISTRIBUTION, OR 1
DISSEMINATION OF SYN THETIC MEDIA RELATED TO ELECTIONS BY A PE RSON WHO 2
VIOLATES THE REQUIRE MENTS OF THIS SECTIO N. 3
13–602. 4
(a) (9) A person may not: 5
(i) publish or distribute, or cause to be published or distributed, 6
campaign material that violates § 13–401 of this title; [or] 7
(ii) publish, distribute, or disseminate, or cause to be published, 8
distributed, or disseminated, campaign material that violates § 13–401.1 of this title; OR 9
(III) PUBLISH, DISTRIBUTE, OR DISSEMINATE , OR CAUSE TO BE 10
PUBLISHED, DISTRIBUTED, OR DISSEMINATED , CAMPAIGN MATERIAL IN VIOLATION 11
OF § 13–401.2(C) OF THIS TITLE. 12
(b) (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 13
SUBSECTION, A person who violates this section is guilty of a misdemeanor and on 14
conviction is: 15
[(1)] (I) subject to a fine not exceeding $1,000 or imprisonment not 16
exceeding 1 year or both; and 17
[(2)] (II) ineligible to hold any public or party office for 4 years after the 18
date of the offense. 19
(2) A PERSON WHO VIOLATES SUBSECTION (A)(9)(III) OF THIS 20
SECTION IS SUBJECT T O A CIVIL PENALTY OF : 21
(I) FOR A REPEAT VIOLATI ON WITHIN 5 YEARS OF A PRIOR 22
VIOLATION, $10,000; 23
(II) FOR A VIOLATION WITH THE INTENT TO CAUSE VIOLENCE 24
OR BODILY HARM , $5,000; AND 25
(III) FOR ANY OTHER VIOLAT ION, $1,000. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 27
measure, is necessary for the immediate preservation of the public health or safety, has 28
been passed by a yea and nay vote supported by three–fifths of all the members elected to 29
each of the two Houses of the General Assembly, and shall take effect from the date it is 30
enacted shall take effect June 1, 2024. 31