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SB129 INTRODUCED
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SB129
6YJ9831-1
By Senator Melson
RFD: Judiciary
First Read: 13-Jan-26
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6YJ9831-1 01/12/2026 EGC (L)EGC 2026-30
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First Read: 13-Jan-26
SYNOPSIS:
This bill would require developers of generative
artificial intelligence (AI) systems to disclose when
an image or video content is AI-generated.
This bill would require the disclosures to be
made in the same format as the AI-generated content, be
conspicuous, unavoidable, understandable to a
reasonable person, and not be contradicted by the
AI-generated content.
This bill would require developers of generative
AI systems to implement reasonable procedures to ensure
disclosures may not be easily removed by third-party
licensees and end users.
This bill would provide that a violation of this
act is an unlawful trade practice under the Deceptive
Trade Practices Act.
This bill would provide a private right of
action for persons injured by a violation of this act.
This bill would also provide for the enforcement
of this act.
A BILL
TO BE ENTITLED
AN ACT
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AN ACT
Relating to artificial intelligence; to require
developers of generative artificial intelligence (AI) systems
to disclose when image or video content is AI-generated; to
provide requirements for AI-generated content disclosures; to
provide that a violation of this act is an unlawful trade
practice under the Deceptive Trade Practices Act; to provide a
private right of action; and to provide for the enforcement of
this act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) AI-GENERATED CONTENT. Images, video, or audiovisual
content that is substantially created or modified by a
generative artificial intelligence system such that the use of
the system materially alters a reasonable person's
understanding of the meaning or significance of the content.
(2) ARTIFICIAL INTELLIGENCE or AI. The term as defined
in Section 17-5-16.1, Code of Alabama 1975.
(3) ARTIFICIAL INTELLIGENCE SYSTEM. Any machine-based
system, for any explicit or implicit objective, that infers
from inputs to the system how to generate outputs, including
content, decisions, predictions, and recommendations, that may
influence physical or virtual environments.
(4) DEVELOPER. Any person doing business in this state
that develops or significantly updates an artificial
intelligence system that is offered, sold, leased, given, or
otherwise provided to consumers in this state.
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otherwise provided to consumers in this state.
(5) GENERATIVE ARTIFICIAL INTELLIGENCE. Artificial
intelligence based on a foundation model that is capable of
and used to produce synthetic digital content, including
audio, images, text, and videos.
(6) GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM. Any
artificial intelligence system or service that incorporates
generative artificial intelligence.
(7) METADATA. Structural or descriptive information
about data.
(8) THIRD-PARTY LICENSEE. Any person in this state that
holds a license from a developer to access and use a
generative artificial intelligence system for its own
purposes.
Section 2. (a) A developer of a generative artificial
intelligence system made available in this state shall ensure
that any generative artificial intelligence system that
produces images, video, or audiovisual content includes a
clear and conspicuous disclosure on AI-generated content that
meets all of the following requirements:
(1) The disclosure shall include a clear and
conspicuous notice appropriate for the medium of the content
which identifies the content as AI-generated content.
(2) The output's metadata shall identify the content as
AI-generated content, identify the tool used to create the
content, and the date and time the content was created.
(3) The disclosure, to the extent technically feasible,
shall be permanent or unable to be easily removed by
subsequent users.
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subsequent users.
(b) For a disclosure to be clear and conspicuous as
required by subsection (a), the disclosure shall meet all of
the following criteria:
(1) For content that is solely visual, the disclosure
shall be made visually in the same means the content is
presented.
(2) For content that is both visual and audible, the
disclosure shall be visual and audible.
(3) A visual disclosure shall stand out from any
accompanying text or other visual elements by its size,
contrast, location, the length of time it appears, and other
characteristics so that the disclosure is easily noticed,
read, and understood.
(4) An audible disclosure shall be delivered in a
volume, speed, and cadence sufficient for a reasonable person
to easily hear and understand the disclosure.
(5) The disclosure shall be unavoidable.
(6) The disclosure shall use diction and syntax
understandable to a reasonable person.
(7) The disclosure shall not be contradicted, mitigated
by, or inconsistent with, anything else in the communication.
(c) A developer of a generative artificial intelligence
system shall implement reasonable procedures to prevent
downstream use of a generative artificial intelligence system
without the disclosures required under subsection (a), which
shall include:
(1) Requiring by contract that end users and
third-party licensees of the generative artificial
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third-party licensees of the generative artificial
intelligence system refrain from removing any required
disclosure from AI-generated content;
(2) Requiring certification that end users and
third-party licensees will not remove any disclosure from
AI-generated content; and
(3) Terminating access to the generative artificial
intelligence system when the developer has reason to believe
that an end user or third-party licensee has removed the
required disclosure from AI-generated content.
(d) Any third-party licensee of a generative artificial
intelligence system shall implement reasonable procedures to
prevent downstream use of a generative artificial intelligence
system without the disclosures required under subsection (a).
The procedures shall include:
(1) Requiring by contract that end users of the
generative artificial intelligence system refrain from
removing any required disclosure from AI-generated content;
(2) Requiring certification that end users will not
remove any disclosure from AI-generated content; and
(3) Terminating access to the generative artificial
intelligence system when the developer has reason to believe
that an end user has removed the required disclosure from
AI-generated content.
Section 3. (a) A violation of this act shall constitute
an unlawful trade practice under the Deceptive Trade Practices
Act, Chapter 19 of Title 8, Code of Alabama 1975, and be
subject to the enforcement provisions of that act.
(b) Prior to initiating an enforcement action for a
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(b) Prior to initiating an enforcement action for a
violation of Section 2, the Attorney General may provide a
developer 30 days' written notice identifying the specific
provisions of Section 2 the Attorney General alleges have been
or are being violated. If, within the 30-day period, the
developer cures the noticed violation and provides the
Attorney General an express written statement that the alleged
violations have been cured and that no further violations
shall occur, the Attorney General shall not initiate an action
against the developer for the noticed violations.
(c) Any person injured due to a violation of Section 2
shall be entitled to initiate an action pursuant to Section
8-19-10, Code of Alabama 1975.
Section 4. This act shall become effective on October
1, 2026.
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