CO HB1147: Candidate Election Deepfake Disclosures

In one paragraph

Colorado's HB 24-1147 bars anyone from distributing a communication about a candidate (including federal candidates and incumbents) with a deepfake to the candidate's electorate in the 60 days before a primary or 90 before a general election, if they know or recklessly disregard that the candidate did not say or do what is shown, unless it clearly states: "This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful." Secretary of State complaints bring civil penalties; candidates may sue for injunctions and damages. Qualifying news, satire and parody are exempt. Signed May 24, 2024 (Chapter 250); effective July 1, 2024.

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

What it means for business

Campaigns, advertisers and others distributing candidate communications must add the statutory disclosure to deepfakes they know or recklessly disregard are false in the 60 days before a primary or 90 before a general election; news media, AI tool providers and platforms are largely exempt.

Key provisions

1. 1No person may distribute, publish, broadcast, transmit or display a communication concerning a candidate that includes a deepfake to an audience including the candidate's electorate within 60 days before a primary or 90 days before a general election, if the person knows or recklessly disregards that the candidate did not say or do what is depicted (C.R.S. 1-46-103)
2. 2Deepfake: image, video, audio or multimedia AI-generated content that falsely appears authentic or truthful and depicts an individual appearing to say or do something they did not; AI-generated content means content substantially created or modified by generative AI so that it alters the meaning a reasonable person would take away (minimal edits excluded)
3. 3Safe harbor: the communication includes, clearly and conspicuously, "This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful."
4. 4Clear and conspicuous means: visual text no smaller than the largest other text; in audio, read in the same pitch, speed, language and volume at the beginning and end, and at least every minute if over two minutes; the metadata includes the disclosure, the tool used and the date and time of creation; the disclosure is permanent where technically feasible; plus any Secretary of State rules and FCC requirements
5. 5Anyone may file a complaint with the Secretary of State under the campaign finance process; a hearing officer must impose a civil penalty of at least $100 per violation when no paid promotion is involved or, where money was paid or spent to promote it, at least 10% of that amount, or higher amounts based on distribution and public exposure
6. 6The depicted candidate may sue for an injunction (heard at the earliest practical time), compensatory and punitive damages against the distributor, attorney fees and costs, proving the violation by clear and convincing evidence; other legal actions and criminal liability under C.R.S. 1-13-109 remain available
7. 7Exempt: broadcasters airing bona fide news that acknowledge doubts about authenticity; broadcasters, cable or satellite operators and streaming services paid to air the communication; news websites and periodicals that clearly state the deepfake is not accurate; satire or parody and human impersonation not reliant on generative AI; providers of the technology used to make the deepfake; and interactive computer services for third-party content (47 U.S.C. 230)
8. 8Signed by the Governor May 24, 2024 (Chapter 250, Session Laws of Colorado 2024); effective July 1, 2024, for communications distributed on or after that date

Latest legislative action

May 24, 2024. Governor Signed

Sponsors

Amendments (12)

• House State, Civic, Military, & Veterans Affairs Amendment L.001 Adopted 2024-02-26
• House State, Civic, Military, & Veterans Affairs Amendment L.003 Adopted 2024-02-26
• House State, Civic, Military, & Veterans Affairs Amendment L.004 Adopted 2024-02-26
• House State, Civic, Military, & Veterans Affairs Amendment L.005 Adopted 2024-02-26
• House State, Civic, Military, & Veterans Affairs Amendment L.006 Adopted 2024-02-26
• House State, Civic, Military, & Veterans Affairs Amendment L.008 Adopted 2024-02-26
• Second Reading Amendment L.010 Adopted 2024-03-08
• Second Reading Amendment L.012 Adopted 2024-03-08
• Second Reading Amendment L.013 Adopted 2024-03-08
• Senate State, Veterans, & Military Affairs Amendment L.016 Adopted 2024-04-18
• Senate State, Veterans, & Military Affairs Amendment L.017 Adopted 2024-04-18
• Second Reading Amendment L.018 Adopted 2024-04-23