West Virginia 2024 Regular Session

West Virginia House Bill HB4963

Introduced
1/22/24  
Refer
1/22/24  
Refer
2/7/24  
Engrossed
2/27/24  
Refer
2/28/24  

Caption

Prohibiting the use of deep fake technology to influence an election

Impact

If passed, HB4963 would amend existing laws to establish legal consequences for individuals or entities disseminating misleading deep fakes. The bill categorizes these offenses based on the intent and the timeframe of dissemination, specifically targeting content shared within 90 days of an election. This change is expected to bolster election integrity and provide a deterrent against the malicious use of advanced technology for political deceit, thus addressing an important gap in current electoral law regarding digital content.

Summary

House Bill 4963 is a legislative proposal aimed at prohibiting the use of deep fake technology to influence elections in West Virginia. This bill introduces a new article in the state's criminal code specifically relating to the dissemination of deep fakes during the critical period leading up to elections. The legislation defines what constitutes a 'deep fake' and outlines penalties for those who knowingly distribute such content without consent, particularly when the intent is to harm a candidate or sway electoral outcomes. The measure seeks to protect the integrity of the electoral process amidst growing concerns over technological advancements that can mislead voters.

Sentiment

The sentiment surrounding HB4963 appears mixed, reflecting concerns about both the technology itself and the need for regulation. Proponents of the bill advocate it as a necessary measure to ensure truthful political discourse and protect candidates from potentially devastating misinformation. Conversely, some critics argue that overly strict regulations could stifle free speech and complicate legitimate political advertising efforts. These differing views illuminate the ongoing debate about balancing technological innovation with the safeguarding of democratic processes.

Contention

Key points of contention regarding the bill include the potential overreach of regulation into areas such as freedom of expression and the implications for media outlets that may unwittingly distribute harmful deep fakes. Notably, the bill includes exceptions for media outlets under certain circumstances, which has sparked discussions about how to effectively delineate between harmful deep fakes and legitimate political content. Debates surrounding the definitions of specific terms, such as 'deep fake' and 'intent', further complicate the conversation on how best to enforce this legislation.

Companion Bills

No companion bills found.

Previously Filed As

WV SB66

Relating to regulation and control of elections

WV HB2527

Relating to revising the criminal code generally

WV SB156

Relating to modernization of procedures for voting in public elections

WV HB3187

Relating to requirements imposed on social media companies to prevent corruption and provide transparency of election-related content made available on social media websites

WV HB3207

To prohibiting the use of electronic tracking devices

WV HB3157

Relating to clarifying the duties, functions, prohibitions and restrictions applicable to the West Virginia Fusion Center

WV HB2855

Relating to election reform

WV HB3038

Add unborn persons to the definition of driving under the influence and causing injury or death to an unborn person.

WV SB49

Establishing criminal offense for being under influence of controlled substance unless specifically prescribed

WV HB2210

Require all registered voters to produce a photo ID to vote in all public office elections

Similar Bills

No similar bills found.