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Colorado's HB1147 establishes regulations for the use of deepfakes in candidate communications, requiring clear disclosures and allowing candidates to take legal action against violators. This legislation aims to combat misinformation in elections and protect candidates from deceptive practices.
Key Provisions
Prohibits undisclosed deepfakes in candidate communications.
Requires a specific disclosure statement for deepfakes.
Allows candidates to file complaints with the Secretary of State.
Imposes civil penalties for violations.
Enables candidates to seek damages through civil action.
Exempts certain media and technology providers from liability.
Latest Legislative Action
Governor Signed
Bill Sponsors
Name
Role
K. Brown
Sponsor
L. Cutter
Sponsor
Amendments (12)
House State, Civic, Military, & Veterans Affairs Amendment L.001Adopted2024-02-26
House State, Civic, Military, & Veterans Affairs Amendment L.003Adopted2024-02-26
House State, Civic, Military, & Veterans Affairs Amendment L.004Adopted2024-02-26
House State, Civic, Military, & Veterans Affairs Amendment L.005Adopted2024-02-26
House State, Civic, Military, & Veterans Affairs Amendment L.006Adopted2024-02-26
House State, Civic, Military, & Veterans Affairs Amendment L.008Adopted2024-02-26
Second Reading Amendment L.010Adopted2024-03-08
Second Reading Amendment L.012Adopted2024-03-08
Second Reading Amendment L.013Adopted2024-03-08
Senate State, Veterans, & Military Affairs Amendment L.016Adopted2024-04-18
Senate State, Veterans, & Military Affairs Amendment L.017Adopted2024-04-18
Second Reading Amendment L.018Adopted2024-04-23
Compliance Checklist
Include a clear disclosure statement in communications using deepfakes. Who: Any individual or entity distributing political content. Deadline: By July 1, 2024. Penalty: Civil penalties starting at $100 per violation.
File complaints for violations of deepfake disclosure requirements. Who: Candidates affected by undisclosed deepfakes. Deadline: Ongoing as violations occur. Penalty: Potential civil penalties for violators.
Full Legal Analysis
HB1147 creates a legal framework to regulate deepfakes in political communications, specifically requiring that any use of deepfakes must be disclosed clearly. The bill prohibits the distribution of communications containing undisclosed deepfakes if the distributor knows or recklessly disregards their deceptive nature. Candidates affected by such communications can file complaints with the Secretary of State's office, which will handle these under the Fair Campaign Practices Act. Penalties for violations include civil fines and the possibility of civil actions for damages by the affected candidates. The bill also provides specific requirements for the disclosure statement, which must be included in the communication's metadata and be permanent where feasible. This law is particularly relevant as it addresses the growing concern over misinformation in political campaigns, setting a precedent for similar regulations in other states.
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