AZ SB1359: Election communications; deepfakes; prohibition

In one paragraph

Arizona's SB 1359 adds A.R.S. § 16-1023. Within 90 days before an election in which a candidate is on the ballot, a creator may not create and distribute synthetic media that the person knows is a deceptive and fraudulent deepfake of that candidate unless it includes a clear and conspicuous disclosure conveying to a reasonable person that the media includes content generated by artificial intelligence. A person who fails to disclose is liable for the civil penalty in § 16-937(B) for each day the deepfake is distributed. Satire, parody and interactive computer services are exempt. Signed May 29, 2024 (Chapter 199).

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Campaigns, consultants and others who make election media with AI: a knowingly deceptive deepfake of a candidate distributed in the 90 days before the election needs a clear AI disclosure, or a daily civil penalty applies. Technology providers and platforms are exempt.

Key provisions

1. 1New A.R.S. § 16-1023: within 90 days before an election at which a candidate will appear on the ballot, a creator may not create and distribute a synthetic media message the person knows is a deceptive and fraudulent deepfake of that candidate unless it includes a clear and conspicuous disclosure that conveys to a reasonable person that the media includes content generated by artificial intelligence
2. 2Deceptive and fraudulent deepfake: synthetic media depicting a candidate, made with knowledge of its falsity and intent to injure the candidate's reputation, and intentionally calculated to mislead a reasonable person into concluding that a real individual said or did something they did not
3. 3Synthetic media: an image, audio recording or video recording of an individual's appearance, speech or conduct created or intentionally manipulated with digital technology to create a realistic but false image, audio or video
4. 4Creator: any person that uses artificial intelligence or other digital technology to generate synthetic media; the provider of a technology used to create synthetic media is not a creator
5. 5A person who fails to make the required disclosure is liable for the civil penalty prescribed in § 16-937(B) for each day the deepfake is distributed without it
6. 6Does not apply to satire or parody or to an interactive computer service as defined in 47 U.S.C. § 230; the act has a severability clause
7. 7Approved by the Governor May 29, 2024 (Chapter 199, 2024 Second Regular Session)

Latest legislative action

May 29, 2024. Signed by Governor (Chapter 199)

Sponsors (showing 5 of 40)

Roll call votes

Amendments (3)

• SENATE - Elections Not adopted 2024-02-02
• HOUSE - Municipal Oversight & Elections Not adopted 2024-03-19
• HOUSE - Municipal Oversight & Elections Adopted 2024-03-21

Related and companion bills

• Arizona SB1515Election communications; prohibition; deep fakes