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HB291 INTRODUCED
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HB291
3PW31ZZ-1
By Representative Givan
RFD: Judiciary
First Read: 20-Jan-26
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3PW31ZZ-1 01/20/2026 THR (L)THR 2025-3345
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First Read: 20-Jan-26
SYNOPSIS:
This bill would provide that the distribution of
materially deceptive media is a crime.
This bill would also authorize certain parties
to seek permanent injunctive relief against a person
who distributes materially deceptive media.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to provide that the
distribution of materially deceptive media is a crime; to
authorize certain parties to seek permanent injunctive relief
against anyone who distributes materially deceptive media; and
to provide exceptions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) ARTIFICIAL INTELLIGENCE. Any artificial system or
generative artificial intelligence system that: (i) performs
tasks under varying and unpredictable circumstances without
significant human oversight; or (ii) is able to learn from
experience and improve performance when exposed to data sets.
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experience and improve performance when exposed to data sets.
(2) CREATOR. Any person who prepares, creates, or
causes the preparation or creation and the dissemination of
any material or media produced by generative artificial
intelligence. The term does not include a broadcaster, cable
provider, digital newspaper, online service, Internet service
provider, streaming platform, provider, or developer of any
technology used in the generation of media by artificial
intelligence, or any employee, representative, or agent
thereof, solely for the distribution of a creator, sponsor, or
purchaser's material or media.
(3) DEPICTED INDIVIDUAL. An individual who is falsely
represented in materially deceptive media.
(4) MATERIALLY DECEPTIVE MEDIA. Any image, audio, or
video that meets all of the following requirements:
a. The media falsely depicts an individual engaging in
speech or conduct in which the depicted individual did not
engage.
b. A reasonable viewer or listener would incorrectly
believe that the depicted individual engaged in the speech or
conduct depicted.
c. The media was produced by artificial intelligence.
(5) SPONSOR. A person at whose request or on whose
behalf any material or media is created, prepared, placed,
published, or disseminated.
Section 2. (a) Except as provided in subsection (b), a
person shall not distribute, or enter into an agreement with
another person to distribute, materially deceptive media.
(b) The prohibition in subsection (a) does not apply if
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(b) The prohibition in subsection (a) does not apply if
all of the following conditions are met:
(1) The creator, sponsor, or purchaser includes a
disclaimer in any presentation of the media informing the
viewer both that the media has been manipulated by technical
means and depicts speech or conduct that did not occur. The
following disclaimer is sufficient, but not necessary, to
satisfy the requirements of this subdivision:
"This media has been manipulated by technical means and
depicts speech or conduct that did not occur."
(2) If the media is a video, the disclaimer meets all
of the following requirements:
a. Appears throughout the entirety of the video.
b. Is clearly visible to and readable by the average
viewer.
c. Is in a font and size that is easily readable by the
average viewer.
d. Is in the same language as the language used in the
video media.
(3) If the media consists only of audio and contains no
image or video, the disclaimer is read at the beginning and
end of the media in a clearly spoken manner, in a pitch that
can be easily heard by the average listener, and in the same
language as the audio media.
(4) If the media is an image, the disclaimer meets both
of the following requirements:
a. Is clearly visible to and readable by the average
viewer.
b. Is in the same language as the language used in the
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b. Is in the same language as the language used in the
image media.
(5) If the media was generated by editing an existing
image, audio, or video, the media includes a citation
directing the viewer or listener to the original source from
which the unedited version of the existing image, audio, or
video was obtained.
(c) A first violation of this section is a Class A
misdemeanor and a second or subsequent conviction within five
years is a Class D felony.
(d)(1) Distribution of material that is prohibited by
this section shall not be a violation of this section if the
distributor does not have actual knowledge that the material
is prohibited, the distributor does not intend to injure or
harm the reputation or prospects of the depicted individual,
and the distributor is: (i) an Internet website, interactive
computer service, or radio or television broadcasting station,
including, but not limited to, a cable or satellite television
operator; (ii) a regularly published newspaper, magazine, or
other periodical, including, but not limited to, an Internet
or electronic publication, programmer, or producer; or (iii) a
website or streaming service, including, but not limited to,
an information service as defined in 47 U.S.C. § 153.
(2) This act shall not be construed to alter any
rights, obligations, or immunities created by 47 U.S.C. § 230.
(3) This act shall not apply to any content that
constitutes satire or parody and is substantially dependent on
the ability of an individual to impersonate a depicted
individual physically or verbally and not upon technology or
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individual physically or verbally and not upon technology or
artificial intelligence.
(4) This act shall not apply to a radio or television
broadcasting station, including a cable or satellite
television operator, programmer, producer, streaming provider,
Internet website, or a regularly published newspaper,
magazine, or other periodical of general circulation,
including an Internet or electronic publication, that
routinely carries news and commentary of general interest that
distributes any materially deceptive media prohibited by this
act as part of a bona fide newscast, news interview, news
documentary, or on-the-spot coverage or a bona fide news event
if the broadcast or publication clearly acknowledges, through
content or disclosure, in a manner that can easily be heard
and understood by the average listener or viewer, that there
are questions about the authenticity of the media.
(e) A distributor shall not intentionally remove a
disclaimer included with any media by the creator, sponsor, or
purchaser of the media.
Section 3. (a) Either of the following may seek
permanent injunctive relief against a person that violates
this act:
(1) The Attorney General.
(2) A depicted individual.
(b)(1) If a court determines that a complaint for
permanent injunctive relief filed pursuant to subsection (a)
is frivolous, the court shall issue an order suspending the
defendant's obligation to respond to the complaint and shall
order the plaintiff to show cause why the complaint should not
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order the plaintiff to show cause why the complaint should not
be dismissed. If the plaintiff fails to respond to the court
or the plaintiff's response to the court confirms that the
complaint is frivolous, the court shall dismiss the complaint
and may award costs and attorney fees to the defendant and may
issue any appropriate sanctions against the plaintiff and the
plaintiff's attorney.
(2) If the plaintiff's response to the court assures
the court that the complaint is not frivolous, the court shall
direct the defendant to answer the complaint.
(c) A plaintiff seeking permanent injunctive relief
under subsection (a) must prove by clear and convincing
evidence that the defendant against whom the injunction is
sought knew the media at issue falsely represented the
depicted individual.
(d) If a plaintiff, other than the Attorney General, is
awarded permanent injunctive relief under this section, the
court may award costs and attorney fees to the plaintiff.
Section 4. This act shall become effective on October
1, 2026.
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