An Act providing for disclosure of synthetic advertising content and for enforcement.

PRIOR PRINTER'S NO. 78 PRINTER'S NO. 3348
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 95
Session of
2025
INTRODUCED BY PIELLI, KHAN, MERSKI, O'MARA, KENYATTA, GUENST,
WAXMAN, CEPEDA-FREYTIZ, HARKINS, GIRAL, FREEMAN, HANBIDGE,
HOHENSTEIN, BURGOS, SANCHEZ, DONAHUE, SHUSTERMAN, HOWARD,
WEBSTER, NEILSON, HADDOCK, PROBST, OTTEN, BOROWSKI, HILL-
EVANS, STEELE, FIEDLER, GREEN, MADDEN, WARREN, INGLIS AND
CIRESI, JANUARY 14, 2025
AS REPORTED FROM COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 5, 2026
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(4) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, is amended by adding a subclause and
the section is amended by adding clauses to read:
Section 2. Definitions.--As used in this act.
* * *
(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
* * *
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(xx.1) Knowingly or recklessly creating, distributing or
publishing any content generated by artificial intelligence
without clear and conspicuous disclosure, including written
text, images, audio and video content and other forms of media.
A disclosure under this subclause must state that the content
was generated using artificial intelligence, must be displayed
in the first instance when the content is presented to the
consumer, must be presented in a manner reasonably
understandable and readily noticeable to the consumer and must
be presented in the same medium as the content.
* * *
(14) "Artificial intelligence" means technology or tools
that use predictive algorithms to create new content, including
audio, code, images, text, simulations or videos.
(15) "Clear and conspicuous" means a statement or disclosure
that meets all of the following criteria:
(i) The statement or disclosure is disclosed in a size,
color, contrast, location, duration and audibility that is
readily noticeable, readable, understandable and capable of
being heard.
(ii) The statement or disclosure does not contradict and is
not inconsistent with any other information with which the
statement or disclosure is presented.
(iii) If the statement or disclosure modifies, explains or
clarifies other information with which the statement or
disclosure is presented:
(A) the statement or disclosure is presented in proximity to
the information that the statement or disclosure modifies in a
manner that is likely to be noticed, readable and
understandable; and
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(B) the statement or disclosure is not to be obscured in any
manner.
(iv) If the statement or disclosure is an audio statement or
disclosure, the statement or disclosure is delivered in a volume
and cadence sufficient for a consumer to hear and comprehend the
statement or disclosure.
(v) If the statement or disclosure is a visual statement or
disclosure, the statement or disclosure is of a size and shade
and appears on the screen for a duration sufficient for a
consumer to read and comprehend the statement or disclosure.
(vi) If the statement or disclosure is a print advertisement
or promotional material, including a point-of-sale display or
brochure materials directed to a consumer, the statement or
disclosure is in a type size and location sufficiently
noticeable for a consumer to read and comprehend the statement
or disclosure in a print that contrasts with the background
against which the statement or disclosure appears.
Section 2. This act shall take effect in 60 days.
PROVIDING FOR DISCLOSURE OF SYNTHETIC ADVERTISING CONTENT AND
FOR ENFORCEMENT.
THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENNSYLVANIA
HEREBY ENACTS AS FOLLOWS:
SECTION 1. SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE ARTIFICIAL
INTELLIGENCE TRANSPARENCY IN ADVERTISING ACT.
SECTION 2. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"ARTIFICIAL INTELLIGENCE" OR "AI." AS FOLLOWS:
(1) A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF
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HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS
OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS,
INCLUDING THE ABILITY TO:
(I) PERCEIVE REAL AND VIRTUAL ENVIRONMENTS;
(II) ABSTRACT PERCEPTIONS MADE UNDER SUBPARAGRAPH
(I) INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER;
AND
(III) USE MODEL INFERENCE TO FORMULATE OPTIONS FOR
INFORMATION OR ACTION BASED ON OUTCOMES UNDER
SUBPARAGRAPHS (I) AND (II).
(2) THE TERM INCLUDES GENERATIVE ARTIFICIAL
INTELLIGENCE.
"CLEAR AND CONSPICUOUS." A STATEMENT OR DISCLOSURE THAT
MEETS ALL OF THE FOLLOWING CRITERIA:
(1) THE STATEMENT OR DISCLOSURE IS DISCLOSED IN A SIZE,
COLOR, CONTRAST, LOCATION, DURATION AND AUDIBILITY THAT IS
READILY NOTICEABLE, READABLE, UNDERSTANDABLE AND CAPABLE OF
BEING HEARD AND THAT IS PRESENTED IN THE LANGUAGE OR OTHER
INTERACTION USED BY THE CONSUMER TO INTERACT WITH OR
COMPREHEND THE DECEPTIVE SYNTHETIC CONTENT.
(2) THE STATEMENT OR DISCLOSURE DOES NOT CONTRADICT AND
IS NOT INCONSISTENT WITH ANY OTHER INFORMATION WITH WHICH THE
STATEMENT OR DISCLOSURE IS PRESENTED.
(3) IF THE STATEMENT OR DISCLOSURE MODIFIES, EXPLAINS OR
CLARIFIES OTHER INFORMATION WITH WHICH THE STATEMENT OR
DISCLOSURE IS PRESENTED:
(I) THE STATEMENT OR DISCLOSURE IS PRESENTED IN
PROXIMITY TO THE INFORMATION THAT THE STATEMENT OR
DISCLOSURE MODIFIES IN A MANNER THAT IS LIKELY TO BE
NOTICED, READABLE AND UNDERSTANDABLE.
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(II) THE STATEMENT OR DISCLOSURE IS NOT OBSCURED IN
ANY MANNER.
(4) IF THE STATEMENT OR DISCLOSURE IS AN AUDIO STATEMENT
OR DISCLOSURE, THE STATEMENT OR DISCLOSURE IS DELIVERED IN A
VOLUME AND CADENCE SUFFICIENT FOR A CONSUMER TO HEAR AND
COMPREHEND THE STATEMENT OR DISCLOSURE.
(5) IF THE STATEMENT OR DISCLOSURE IS A VISUAL STATEMENT
OR DISCLOSURE, THE STATEMENT OR DISCLOSURE IS OF A SIZE AND
SHADE AND APPEARS ON THE SCREEN FOR A DURATION SUFFICIENT FOR
A CONSUMER TO READ AND COMPREHEND THE STATEMENT OR
DISCLOSURE.
(6) IF THE STATEMENT OR DISCLOSURE IS A PRINT
ADVERTISEMENT OR PROMOTIONAL MATERIAL, INCLUDING A POINT-OF-
SALE DISPLAY OR BROCHURE MATERIALS DIRECTED TO A CONSUMER,
THE STATEMENT OR DISCLOSURE IS IN A TYPE SIZE AND LOCATION
SUFFICIENTLY NOTICEABLE FOR A CONSUMER TO READ AND COMPREHEND
THE STATEMENT OR DISCLOSURE IN A PRINT THAT CONTRASTS WITH
THE BACKGROUND AGAINST WHICH THE STATEMENT OR DISCLOSURE
APPEARS.
"GENERATIVE ARTIFICIAL INTELLIGENCE." THE CLASS OF MODELS
THAT EMULATE THE STRUCTURE AND CHARACTERISTICS OF INPUT DATA IN
ORDER TO GENERATE SYNTHETIC CONTENT, INCLUDING INFORMATION SUCH
AS IMAGES, VIDEOS, AUDIO CLIPS OR TEXT, THAT HAS BEEN
SIGNIFICANTLY MODIFIED OR GENERATED BY ALGORITHMS, INCLUDING BY
ARTIFICIAL INTELLIGENCE.
"INTERNET SERVICE PROVIDER." AS DEFINED IN SECTION 2 OF THE
ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
TRADE PRACTICES AND CONSUMER PROTECTION LAW.
"PERSON." AS DEFINED IN SECTION 2 OF THE UNFAIR TRADE
PRACTICES AND CONSUMER PROTECTION LAW.
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"SYNTHETIC ADVERTISING CONTENT." AS FOLLOWS:
(1) ANY IMAGES, VIDEOS OR AUDIO CLIPS USED IN AN
ADVERTISEMENT THAT HAVE BEEN SIGNIFICANTLY MODIFIED OR
GENERATED BY ARTIFICIAL INTELLIGENCE, IN WHICH THE USE OF
ARTIFICIAL INTELLIGENCE MATERIALLY ALTERS THE REPRESENTATION
OR A REASONABLE CONSUMER'S PERCEPTION OF THE NATURE, ORIGIN,
AUTHENTICITY, PERFORMANCE OR ENDORSEMENTS OF THE GOODS OR
SERVICES BEING ADVERTISED.
(2) THE TERM DOES NOT INCLUDE CONTENT THAT IS:
(I) EVIDENTLY FICTIONAL BASED ON THE CONTENT OR
CONTEXT OF THE DEPICTION;
(II) PARODY, SATIRE, COMMENTARY OR CRITICISM; OR
(III) LIMITED TO TEXT.
SECTION 3. DISCLOSURE OF SYNTHETIC ADVERTISING CONTENT.
(A) DISCLOSURE REQUIRED.--A PERSON MAY NOT KNOWINGLY OR
WILLFULLY DISSEMINATE OR CAUSE TO BE DISSEMINATED AN
ADVERTISEMENT CONTAINING SYNTHETIC ADVERTISING CONTENT WITHOUT
CLEAR AND CONSPICUOUS DISCLOSURE. A DISCLOSURE UNDER THIS
SUBSECTION SHALL:
(1) STATE THAT THE ADVERTISEMENT CONTAINS CONTENT THAT
WAS MODIFIED OR GENERATED USING ARTIFICIAL INTELLIGENCE;
(2) BE DISPLAYED IN THE FIRST INSTANCE WHENEVER THE
SYNTHETIC ADVERTISING CONTENT IS PRESENTED TO THE CONSUMER;
(3) BE PRESENTED IN THE SAME MEDIUM AS THE ADVERTISEMENT
FEATURING THE SYNTHETIC ADVERTISING CONTENT; AND
(4) TO THE EXTENT TECHNICALLY FEASIBLE, BE PERMANENT OR
EXTRAORDINARILY DIFFICULT TO REMOVE FROM THE SYNTHETIC
ADVERTISING CONTENT.
(B) CONSTRUCTION.--DISCLOSURE OF THE USE OF ARTIFICIAL
INTELLIGENCE UNDER SUBSECTION (A) SHALL NOT BE CONSTRUED TO
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LIMIT RECOURSE UNDER LAW.
SECTION 4. ENFORCEMENT.
A VIOLATION OF THIS ACT SHALL CONSTITUTE UNFAIR METHODS OF
COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES UNDER THE
ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
TRADE PRACTICES AND CONSUMER PROTECTION LAW, AND SHALL BE
SUBJECT TO THE ENFORCEMENT PROVISIONS, CIVIL PENALTIES AND
PRIVATE RIGHTS OF ACTION CONTAINED IN THAT ACT.
SECTION 5. EXEMPTIONS.
THIS ACT SHALL NOT APPLY TO ANY MEDIUM USED FOR ADVERTISING,
INCLUDING, A STREAMING SERVICE, VIDEO CONFERENCING SERVICE,
RADIO OR TELEVISION STATION, CABLE OR SATELLITE TELEVISION
OPERATOR, INTERNET SERVICE PROVIDER, NEWSPAPER OR OTHER
PUBLICATION, MAGAZINE, PERIODICAL OR CIRCULAR, THAT, IN GOOD
FAITH AND WITHOUT KNOWLEDGE OF THE PRESENCE OF SYNTHETIC
ADVERTISING CONTENT, PUBLISHES, CAUSES TO BE PUBLISHED OR TAKES
PART IN THE PUBLICATION OF SUCH ADVERTISEMENT.
SECTION 6. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IN ONE YEAR.
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