2025 -- H 5872 SUBSTITUTE A
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SY NTHETIC MEDIA IN
ELECTION COMMUNICATI ONS
Introduced By: Representative Jacquelyn M. Baginski
Date Introduced: February 28, 2025
Referred To: House State Government & Elections
(Secretary of State)
It is enacted by the General Assembly as follows:
SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by 1
adding thereto the following chapter: 2
CHAPTER 30 3
DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION 4
COMMUNICATIONS 5
17-30-1. Deceptive synthetic media. 6
(a) For purposes of this chapter, “candidate” means and includes an incumbent or current 7
office holder. 8
(b) For purposes of this chapter, “synthetic media” means an image, an audio recording, or 9
a video recording of an individual’s appearance, speech, or conduct that has been intentionally 10
manipulated with the use of generative adversarial network techniques or other digital technology 11
to create a realistic but false image, audio, or video that produces: 12
(1) A depiction that, to a reasonable individual, appears to be a real individual in terms of 13
appearance, action, or speech, but that did not occur in reality; and 14
(2) A fundamentally different understanding or impression of the appearance, action, or 15
speech than a reasonable person would have from the unaltered, original version of the image, audio 16
recording, or video recording. 17
(c) A candidate, authorized candidate campaign committee, political action committee, 18
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political party committee, or person or entity making an independent expenditure as defined in § 1
17-25-3 shall not, within ninety (90) days of any election at which a candidate for elective office 2
will appear on a ballot, distribute synthetic media that the candidate, authorized candidate campaign 3
committee, political action committee, political party committee, or person or entity making an 4
independent expenditure as defined in § 17-25-3 knows or should know is deceptive and fraudulent 5
synthetic media, as defined in subsection (b) of this section. 6
(d)(1) The prohibition in subsection (c) of this section does not apply if the image, audio 7
recording, or video recording includes a disclosure stating that the image has been manipulated or 8
generated by artificial intelligence. 9
(2) For visual media, the text of the disclosure shall appear in a size that is easily readable 10
by the average viewer, and no smaller than the largest font size of any other text appearing in the 11
visual media. If the visual media does not include any other text, the disclosure shall appear in a 12
size that is easily readable by the average viewer. For visual media that is a video, the disclosure 13
shall appear for the duration of the video. 14
(3) If the media consists of audio only, and no visual disclosure is feasible, the disclosure 15
shall be read in a clearly spoken manner, and in a speed and pitch that can be easily heard by the 16
average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater 17
than two (2) minutes in length, interspersed within the audio at intervals of not greater than two (2) 18
minutes. 19
17-30-2. Right of action. 20
(a) A candidate whose appearance, actions, or speech are depicted through the use of 21
synthetic media in violation of § 17-30-1 may seek injunctive or other equitable relief from a 22
candidate, authorized candidate campaign committee, political action committee, political party 23
committee, or person or entity making an independent expenditure as defined in § 17-25-3 24
prohibiting the distribution of audio or visual synthetic media in violation of this chapter. 25
(b) A candidate whose appearance, actions, or speech are depicted using synthetic media 26
may also bring an action for general or special damages against a candidate, authorized candidate 27
campaign committee, political action committee, political party committee, or person or entity 28
making an independent expenditure as defined in § 17-25-3 that generated the synthetic media. The 29
court may also award a prevailing party reasonable attorneys’ fees and costs. This subsection shall 30
not be construed to limit or preclude a plaintiff from recovering under any other available remedy. 31
(c) In any civil action alleging a violation of this chapter, the plaintiff shall bear the burden 32
of establishing the violation through clear and convincing evidence. 33
17-30-3. Application. 34
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(a) The provisions of this chapter shall not apply to the following: 1
(1) A radio or television broadcasting station, including a cable or satellite television 2
operator and their affiliates, programmer, or producer, or mobile application or streaming service 3
that exhibits, distributes, or broadcasts synthetic media as prohibited by this chapter provided that 4
they are not distributing synthetic media as a political action committee or entity making an 5
independent expenditure as defined in § 17-25-3; 6
(2) An Internet website, or a regularly published newspaper, magazine, or other periodical 7
of general circulation, including an Internet or electronic publication, that routinely carries news 8
and commentary of general interest, and that publishes synthetic media as prohibited by this 9
chapter, if the publication clearly states that the synthetic media does not accurately represent the 10
speech or conduct of the candidate; 11
(3) Synthetic media that constitutes satire or parody; or 12
(4) An interactive computer service as defined in 47 U.S.C. § 230. 13
(b) The provisions of this chapter shall not restrict the ability of a person to detect, prevent, 14
respond to, or protect against security incidents, identity theft, fraud, harassment, malicious or 15
deceptive activities, or any illegal activity, or preserve the integrity or security of systems or 16
investigate, report, or prosecute those responsible for any such action. 17
17-30-4. Severability. 18
The provisions of this chapter are severable. If any provision of this chapter or its 19
application is held to be invalid, such holding shall not affect other provisions or applications that 20
can be given effect without the invalid provision. 21
SECTION 2. This act shall take effect upon passage. 22
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN
ELECTION COMMUNICATI ONS
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This act would create the deceptive and fraudulent synthetic media in election 1
communications chapter to regulate the use of synthetic media in elections. 2
This act would take effect upon passage. 3
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