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Senate
File
2166
-
Introduced
SENATE
FILE
2166
BY
SALMON
A
BILL
FOR
An
Act
relating
to
the
publication
of
electioneering
1
communications
containing
synthetic
media,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2166
Section
1.
NEW
SECTION
.
68A.407
Synthetic
media
——
1
disclosure
——
penalties.
2
1.
For
purposes
of
this
section:
3
a.
“Electioneering
communication”
means
published
material,
4
as
defined
in
section
68A.405,
that
refers
to
a
clearly
5
identified
candidate
or
ballot
issue
and
that
is
distributed
6
within
ninety
days
before
the
election
at
which
the
candidate
7
or
ballot
issue
appears
on
the
ballot.
8
b.
“Materially
deceptive”
means
content
that
has
been
9
altered
to
falsely
depict
a
candidate’s
speech
or
conduct
10
in
a
manner
that
would
cause
a
reasonable
person
to
have
a
11
fundamentally
different
understanding
or
impression
than
if
12
reviewing
the
unaltered
version
and
which
was
created
with
the
13
intent
to
deceive
voters
or
harm
the
candidate’s
reputation
or
14
electoral
prospects.
15
c.
“Synthetic
media”
means
an
image,
audio
recording,
text
16
publication,
or
video
recording
that
is
materially
deceptive
17
and
has
been
created
or
substantially
altered
using
artificial
18
intelligence,
machine
learning,
or
similar
technology.
19
“Synthetic
media”
does
not
include
an
image,
audio
recording,
20
text
publication,
or
video
recording
that
has
undergone
only
21
minor
alterations
for
clarity
or
format
that
are
not
materially
22
deceptive.
23
2.
A
person
or
committee
shall
not
knowingly
or
recklessly
24
sponsor,
publish,
or
distribute
an
electioneering
communication
25
containing
synthetic
media
unless
the
electioneering
26
communication
includes
a
clear
and
conspicuous
disclosure
27
stating
“THIS
CONTENT
HAS
BEEN
MANIPULATED
OR
GENERATED
BY
28
ARTIFICIAL
INTELLIGENCE
AND
DOES
NOT
DEPICT
REAL
EVENTS”.
29
a.
A
disclosure
on
a
video
electioneering
communication
30
must
appear
in
text
on
screen
in
a
readable
font
with
high
31
contrast,
for
at
least
four
seconds
at
the
beginning
and
end
32
of
the
video,
occupying
at
least
four
percent
of
the
vertical
33
height
of
the
video.
34
b.
A
disclosure
in
an
audio
electioneering
communication
35
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2166
must
be
spoken
clearly
at
the
beginning
and
end
of
the
1
electioneering
communication
at
a
volume
and
pace
easily
2
audible
to
the
average
listener.
3
c.
A
disclosure
on
an
image
or
text-based
electioneering
4
communication
published
as
digital
media
must
appear
in
text
5
with
high
contrast
occupying
at
least
four
percent
of
the
image
6
area,
or
in
a
form
that
is
equally
as
prominent
as
the
text
of
7
the
electioneering
communication.
8
d.
A
disclosure
on
a
space-limited
format,
including
but
not
9
limited
to
a
post
on
social
media,
must
include
the
text
“AI
10
generated”
and
a
link
to
the
full
disclosure
required
by
this
11
subsection.
12
3.
This
section
does
not
apply
to
any
of
the
following:
13
a.
A
communication
by
a
broadcaster,
cable
operator,
or
14
news
outlet
as
part
of
bona
fide
news
reporting
if
the
report
15
includes
a
statement
questioning
the
authenticity
of
the
16
content.
17
b.
Satirical,
parodical,
humorous,
or
editorial
content
that
18
is
not
intended
to
deceive
voters
about
a
candidate
or
ballot
19
issue.
20
c.
A
platform
or
service
that
hosts
user-generated
content
21
if
the
platform
or
service
provides
tools
for
users
to
add
22
disclosures
to
or
label
content
generated
by
artificial
23
intelligence.
24
4.
Notwithstanding
section
68A.701:
25
a.
A
person
who
knowingly
or
recklessly
violates
this
26
section
is
subject
to
a
civil
penalty
of
up
to
one
thousand
27
dollars
for
a
first
offense
and
up
to
five
thousand
dollars
28
for
each
subsequent
offense,
to
be
collected
by
the
board
and
29
deposited
in
the
general
fund
of
the
state.
30
b.
A
person
who
knowingly
violates
this
section
with
the
31
intent
to
defraud
is
guilty
of
a
serious
misdemeanor.
32
c.
A
person
injured
by
a
violation
of
this
section
may
bring
33
a
civil
action
for
injunctive
relief
and
damages.
The
court
34
shall
award
reasonable
attorney
fees
to
a
prevailing
party
in
a
35
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civil
suit
brought
pursuant
to
this
paragraph.
1
5.
The
board
shall
adopt
rules
to
implement
this
section,
2
which
shall
prioritize
education
and
voluntary
compliance.
3
The
board
shall
review
rules
adopted
pursuant
to
this
section
4
on
an
annual
basis
to
account
for
changes
in
artificial
5
intelligence
and
related
technologies.
Notwithstanding
section
6
17A.4,
subsection
1,
paragraph
“b”
,
the
board
shall
afford
all
7
interested
persons
not
less
than
thirty
days
to
submit
data,
8
views,
or
arguments
in
writing
prior
to
the
adoption
of
rules
9
to
implement
this
section.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
the
publication
of
electioneering
14
communications
containing
synthetic
media.
The
bill
requires
15
an
electioneering
communication,
defined
in
the
bill
as
16
published
material
that
refers
to
a
clearly
identified
17
candidate
or
ballot
issue
and
that
is
distributed
within
90
18
days
before
the
election
at
which
the
candidate
or
ballot
issue
19
appears
on
the
ballot,
that
includes
synthetic
media,
defined
20
in
the
bill
as
an
image,
audio
recording,
text
publication,
21
or
video
recording
that
is
materially
deceptive
and
has
been
22
created
or
substantially
altered
using
artificial
intelligence,
23
machine
learning,
or
similar
technology,
to
include
a
24
disclosure
stating:
“THIS
CONTENT
HAS
BEEN
MANIPULATED
OR
25
GENERATED
BY
ARTIFICIAL
INTELLIGENCE
AND
DOES
NOT
DEPICT
REAL
26
EVENTS”.
The
bill
includes
specific
forms
that
a
disclosure
27
must
take
based
on
the
type
of
electioneering
communication.
28
The
bill
does
not
apply
to
a
communication
by
a
broadcaster,
29
cable
operator,
or
news
outlet
as
part
of
bona
fide
news
30
reporting
if
the
report
includes
a
statement
questioning
the
31
authenticity
of
the
content;
satirical,
parodical,
humorous,
32
or
editorial
content
that
is
not
intended
to
deceive
voters;
33
or
platforms
that
host
user-generated
content
if
the
platforms
34
provide
tools
for
users
to
add
disclosures
to
or
label
content
35
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S.F.
2166
generated
by
artificial
intelligence.
1
A
person
who
knowingly
or
recklessly
violates
a
provision
2
of
the
bill
is
subject
to
a
civil
penalty
of
up
to
$1,000
for
3
a
first
offense
and
up
to
$5,000
for
each
subsequent
offense,
4
to
be
collected
by
the
Iowa
ethics
and
campaign
disclosure
5
board
(board)
and
deposited
in
the
general
fund
of
the
state.
6
A
person
who
knowingly
violates
a
provision
of
the
bill
with
7
the
intent
to
defraud
is
guilty
of
a
serious
misdemeanor.
A
8
serious
misdemeanor
is
punishable
by
confinement
for
no
more
9
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
10
$2,560.
In
addition,
the
bill
allows
a
person
injured
by
a
11
violation
of
the
bill
to
bring
a
civil
action
for
injunctive
12
relief
and
damages,
and
requires
the
court
to
award
the
13
prevailing
party
reasonable
attorney
fees.
14
The
board
shall
adopt
rules
to
implement
the
bill,
which
15
shall
prioritize
education
and
voluntary
compliance.
The
bill
16
requires
the
board
to
review
rules
adopted
to
implement
the
17
bill
on
an
annual
basis
and
to
afford
interested
parties
not
18
less
than
30
days,
rather
than
20
days,
to
submit
data,
views,
19
or
arguments
in
writing
in
advance
of
the
adoption
of
rules.
20
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