Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0816 Compare Versions

Only one version of the bill is available at this time.

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5	5	2025 -- S 0816
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7	7	LC002300
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN
16	16	ELECTION COMMUNICATI ONS
17	17	Introduced By: Senators DiPalma, Gallo, Tikoian, LaMountain, Felag, Patalano,
18	18	Appollonio, Raptakis, McKenney, and Euer
19	19	Date Introduced: March 14, 2025
20	20	Referred To: Senate Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 17 of the General Laws entitled "ELECTIONS" is hereby amended by 1
25	25	adding thereto the following chapter: 2
26	26	CHAPTER 30 3
27	27	DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION 4
28	28	COMMUNICATIONS 5
29	29	17-30-1. Deceptive synthetic media. 6
30	30	(a) For purposes of this chapter, “candidate” means and includes an incumbent or current 7
31	31	office holder. 8
32	32	(b) For purposes of this chapter, “synthetic media” means an image, an audio recording, or 9
33	33	a video recording of an individual’s appearance, speech, or conduct that has been intentionally 10
34	34	manipulated with the use of generative adversarial network techniques or other digital technology 11
35	35	to create a realistic but false image, audio, or video that produces: 12
36	36	(1) A depiction that, to a reasonable individual, appears to be a real individual in terms of 13
37	37	appearance, action, or speech, but that did not occur in reality; and 14
38	38	(2) A fundamentally different understanding or impression of the appearance, action, or 15
39	39	speech than a reasonable person would have from the unaltered, original version of the image, audio 16
40	40	recording, or video recording. 17
41	41	(c) A candidate, authorized candidate campaign committee, political action committee, 18
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45	45	political party committee, or person or entity making an independent expenditure as defined in § 1
46	46	17-25-3 shall not, within ninety (90) days of any election at which a candidate for elective office 2
47	47	will appear on a ballot, distribute synthetic media that the candidate, authorized candidate campaign 3
48	48	committee, political action committee, political party committee, or person or entity making an 4
49	49	independent expenditure as defined in § 17-25-3 knows or should know is deceptive and fraudulent 5
50	50	synthetic media, as defined in subsection (b) of this section. 6
51	51	(d)(1) The prohibition in subsection (c) of this section does not apply if the image, audio 7
52	52	recording, or video recording includes a disclosure stating that the image has been manipulated or 8
53	53	generated by artificial intelligence. 9
54	54	(2) For visual media, the text of the disclosure shall appear in a size that is easily readable 10
55	55	by the average viewer, and no smaller than the largest font size of any other text appearing in the 11
56	56	visual media. If the visual media does not include any other text, the disclosure shall appear in a 12
57	57	size that is easily readable by the average viewer. For visual media that is a video, the disclosure 13
58	58	shall appear for the duration of the video. 14
59	59	(3) If the media consists of audio only, and no visual disclosure is feasible, the disclosure 15
60	60	shall be read in a clearly spoken manner, and in a speed and pitch that can be easily heard by the 16
61	61	average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater 17
62	62	than two (2) minutes in length, interspersed within the audio at intervals of not greater than two (2) 18
63	63	minutes. 19
64	64	17-30-2. Right of action. 20
65	65	(a) A candidate whose appearance, actions, or speech are depicted through the use of 21
66	66	synthetic media in violation of § 17-30-1 may seek injunctive or other equitable relief from a 22
67	67	candidate, authorized candidate campaign committee, political action committee, political party 23
68	68	committee, or person or entity making an independent expenditure as defined in § 17-25-3 24
69	69	prohibiting the distribution of audio or visual synthetic media in violation of this chapter. 25
70	70	(b) A candidate whose appearance, actions, or speech are depicted using synthetic media 26
71	71	may also bring an action for general or special damages against a candidate, authorized candidate 27
72	72	campaign committee, political action committee, political party committee, or person or entity 28
73	73	making an independent expenditure as defined in § 17-25-3 that generated the synthetic media. The 29
74	74	court may also award a prevailing party reasonable attorneys’ fees and costs. This subsection shall 30
75	75	not be construed to limit or preclude a plaintiff from recovering under any other available remedy. 31
76	76	(c) In any civil action alleging a violation of this chapter, the plaintiff shall bear the burden 32
77	77	of establishing the violation through clear and convincing evidence. 33
78	78	17-30-3. Application. 34
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82	82	(a) The provisions of this chapter shall not apply to the following: 1
83	83	(1) A radio or television broadcasting station, including cable or satellite television 2
84	84	operator, programmer, or producer, that broadcasts synthetic media as prohibited by this chapter as 3
85	85	part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona 4
86	86	fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner 5
87	87	that can be easily heard or read by the average listener or viewer, that the authenticity of the 6
88	88	synthetic media is questionable; 7
89	89	(2) A radio or television broadcasting station, including a cable or satellite television 8
90	90	operator, programmer, or producer, provided it is paid to broadcast synthetic media and has no 9
91	91	actual knowledge that the depiction is synthetic media; 10
92	92	(3) An Internet website, or a regularly published newspaper, magazine, or other periodical 11
93	93	of general circulation, including an Internet or electronic publication, that routinely carries news 12
94	94	and commentary of general interest, and that publishes synthetic media as prohibited by this 13
95	95	chapter, if the publication clearly states that the synthetic media does not accurately represent the 14
96	96	speech or conduct of the candidate; 15
97	97	(4) Synthetic media that constitutes satire or parody; or 16
98	98	(5) An interactive computer service as defined in 47 USC 230. 17
99	99	(b) The provisions of this chapter shall not restrict the ability of a person to detect, prevent, 18
100	100	respond to, or protect against security incidents, identity theft, fraud, harassment, malicious or 19
101	101	deceptive activities, or any illegal activity, preserve the integrity or security of systems or 20
102	102	investigate, report, or prosecute those responsible for any such action. 21
103	103	17-30-4. Severability. 22
104	104	The provisions of this chapter are severable. If any provision of this chapter or its 23
105	105	application is held to be invalid, such holding shall not affect other provisions or applications that 24
106	106	can be given effect without the invalid provision. 25
107	107	SECTION 2. This act shall take effect upon passage. 26
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114	114	EXPLANATION
115	115	BY THE LEGISLATIVE COUNCIL
116	116	OF
117	117	A N A C T
118	118	RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN
119	119	ELECTION COMMUNICATI ONS
120	120	***
121	121	This act would create the deceptive and fraudulent synthetic media in election 1
122	122	communications chapter to regulate the use of synthetic media in elections. 2
123	123	This act would take effect upon passage. 3
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