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SENATE FLOOR VERSION
February 27, 2025
AS AMENDED
SENATE BILL NO. 894 By: Coleman and Seifried
[ artificial intelligence - distribution of certain
media - disclosures - action - award - civil
penalties - codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 401 of Title 75A, unless there
is created a duplication in numbering, reads as follows:
A. For purposes of this section:
1. “Artificial intelligence” means a machine-based system that
can, for a given set of human-defined objectives, make predictions,
recommendations, or decisions influencing real or virtual
environments;
2. “Deepfake” means synthetic media that depicts a candidate or
political party with the intent to tarnish the reputation of the
candidate or political party or to deceive in a way that:
a. to a reasonable person, appears to depict a real
individual saying or doing something that did not
occur, or
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b. provides a fundamentally different understanding or
impression of the appearance, action, or speech that a
reasonable person would otherwise perceive from the
original and unaltered version of the image, audio, or
video; and
3. “Synthetic media” means an image, audio recording, or video
recording of an individual’s appearance, speech, or conduct that has
been created or intentionally manipulated with the use of generative
adversarial network (GAN) techniques or other digital technology in
a manner that creates a realistic but false image, audio recording,
or video.
B. Except as provided in subsection C of this section, a
person, corporation, committee, or other entity shall not, within
ninety (90) days of an election at which a candidate for elective
office will appear on the ballot, create or originally distribute
synthetic media that the person, corporation, committee, or other
entity has actual knowledge is a deepfake of a candidate or
political party on the state or local ballot.
C. 1. The prohibition in subsection B of this section shall
not apply if the audio or visual media includes a disclosure
stating: “This ___________ (image, audio, or video) has been
manipulated or generated by artificial intelligence.”
2. For visual media, the text of the disclosure shall appear in
a size that is easily readable by the average viewer and no smaller
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than the largest font size of other text appearing in the visual
media. If the visual media does not include any other text, the
disclosure shall appear in a size that is easily readable by the
average viewer. For visual media that is video, the disclosure
shall appear for the duration of the video.
3. If the media consists of audio only, the disclosure shall be
read in a clearly spoken manner and in a pitch that can be easily
heard by the average listener, at the beginning of the audio, at the
end of the audio, and, if the audio is greater than two (2) minutes
in length, interspersed within the audio at intervals of not greater
than two (2) minutes each.
D. 1. A candidate whose appearance, action, or speech is
depicted through the use of a deepfake may seek injunctive or other
equitable relief prohibiting the publication of such deepfake, or
may bring an action for general or special damages against the
person or entity in violation of subsection B of this section. The
court may award a prevailing party court costs and reasonable
attorney fees.
2. A person or entity may also be held liable for a violation
pursuant to subsection B of this section by the State Election Board
for civil penalties as follows:
a. a fine not to exceed Ten Thousand Dollars ($10,000.00)
if the violation was committed within five (5) years
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of one or more prior convictions pursuant to this
section,
b. a fine not to exceed Five Thousand Dollars ($5,000.00)
if the violation was committed with the intent to
cause violence or bodily harm, or
c. a fine not to exceed One Thousand Dollars ($1,000.00)
in any other case.
E. The requirements of this section shall not apply to:
1. A radio or television broadcasting station, including a
cable or satellite television operator, programmer, or producer,
that broadcasts a deepfake prohibited by this section as part of a
bona fide newscast, news interview, news documentary, or on-the-spot
coverage of bona fide news events, if the broadcast clearly
acknowledges through content or a disclosure, in a manner that can
be easily heard or read by the average listener or viewer, that
there are questions about the authenticity of the materially
deceptive audio or visual media;
2. A radio or television broadcasting station, including a
cable or satellite television operator, programmer, or producer, or
an internet website or streaming service, or a regularly published
newspaper, magazine, or other periodical of general circulation,
including an internet or electronic publication, when it is paid to
broadcast or otherwise distribute a deepfake;
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3. A radio or television broadcasting station, including a
cable or satellite television operator, programmer, or producer in
cases where federal law requires broadcasters to air advertisements
or other messages from legally qualified candidates;
4. An internet website, streaming service, 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, and that
publishes materially deceptive audio or visual media prohibited by
this section, if the publication clearly acknowledges through
context or a disclosure that there are questions about the
authenticity of the materially deceptive audio or visual media; or
5. Materially deceptive audio or visual media that constitutes
satire or parody.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON TECHNOLOGY AND TELECOMMUNICATIONS
February 27, 2025 - DO PASS AS AMENDED