Unlawful dissemination of misleading synthetic media.

24LSO-0236
2024
STATE OF WYOMING
24LSO-0236
ENGROSSED
3.0

SENATE FILE NO. SF0051

Unlawful dissemination of misleading synthetic media.

Sponsored by: Select Committee on Blockchain, Financial Technology and Digital Innovation Technology

A BILL

for

AN ACT relating to consumer protection; prohibiting the dissemination of synthetic media as specified; providing definitions; providing remedies; providing penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 40
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30
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201 is created to read:

ARTICLE 2
SYNTHETIC MEDIA

40
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30
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201.

Unlawful distribution of misleading synthetic media; penalties.

(a)

As used in this section:

(i)

"Record" means as defined in W.S. 40
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21
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102(a)(xiii);

(ii)

"Synthetic media" means an image, audio record or video record of a natural person's appearance, speech or conduct that has been intentionally manipulated or generated in a manner to create a realistic but false image, audio or video or other representation that to a reasonable person is of a real natural person in appearance, action or speech, which appearance, action or speech did not actually occur and which would cause a reasonable person to believe the appearance, action or speech occurred.

(b)

A person engages in unlawful dissemination of misleading synthetic media under this article when he knowingly and intentionally disseminates synthetic media knowing it to be synthetic media:

(i)

Without:

(A)

Displaying clear and conspicuous notice in any visual synthetic media identifying the synthetic media as synthetic media; or

(B)

If the synthetic media consists of audio only and visual disclosure is not feasible, providing a disclosure identifying the synthetic media as synthetic media, which 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 more than two (2) minutes each; and

(ii)

With the intent to mislead others about the appearance, actions or speech of the natural person represented in the synthetic media.

(c)

Any person who is depicted by or who is misled by synthetic media disseminated in violation of subsection (b) of this article may maintain a civil action to enjoin or restrain the dissemination of the synthetic media and may in the same action seek damages from the person who disseminated the synthetic media. A court may award any of the following remedies to a plaintiff prevailing in an action brought pursuant to this section:

(i)

Equitable relief;

(ii)

Damages;

(iii)

Costs and fees, including reasonable attorney fees;

(iv)

Exemplary damages in an amount not less than one thousand dollars ($1,000.00) per plaintiff.

(d)

The attorney general may enforce the provisions of this article and investigate violations of this article.

(e)

The attorney general or any district attorney may on behalf of the state bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this article.

The court may, upon entry of final judgment finding a violation of this article, award restitution when appropriate to any person suffering loss because of a violation of this article if proof of the loss is submitted to the satisfaction of the court.

(f)

This article shall not prohibit actions under other statutory or common law provisions against conduct or practices identical or similar to those declared to be unlawful by section (b) of this section. However, the remedies provided in this article are the exclusive remedies for actions brought pursuant to this article.

(g)

A person who disseminates synthetic media in violation of subsection (b) of this section with malicious intent, to influence the outcome of any election within the state of Wyoming or to facilitate any other criminal act is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

(h)

This section shall not apply to:

(i)

A radio or television broadcasting station, including a cable or satellite television operator, programmer or producer, that broadcasts an election communication that includes synthetic media prohibited by subsection (b) of this section as part of a bona fide newscast, news interview, news documentary or on
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the
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spot coverage of a bona fide news event if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard and understood or read by the average listener or viewer, that there are questions about the authenticity of the synthetic media in the election communication;

(ii)

Any entity who broadcasts an advertisement without censorship under 47 U.S.C. 315;

(iii)

An internet service provider, search engine, cloud service provider or any affiliate or subsidiary thereof that disseminates misleading synthetic media solely as a result of providing access or connection to information or content on the internet or other electronic sources that are not under the provider or engine's control, to the extent that the provider or engine is not responsible for the creation of the misleading synthetic media on which an alleged violation of this section is based.

(j)

Dissemination of any synthetic media protected under the first amendment to the United States constitution or article 1, section 20 of the Wyoming constitution shall not be deemed to violate this section.

Section 2
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This act is effective July 1, 2024
.

(END)

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SF0051