In one paragraph
Idaho's H 664 (2024), the Freedom From AI-Rigged (FAIR) Elections Act, targets deepfakes in campaign ads. Synthetic media is audio or video of a person's speech or conduct created with generative adversarial network techniques or other digital technology so that it seems real but shows something that did not happen. A candidate deceptively shown in synthetic media in an electioneering communication may seek an injunction and sue the content creator for damages and attorney's fees. Including the disclosure 'This (video/audio) has been manipulated', shown or read as the law specifies, is an affirmative defense. It took effect March 25, 2024.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Campaigns and consultants using AI-altered audio or video of Idaho candidates need the manipulation disclaimer or face lawsuits.
Key provisions
- Idaho Code 67-6628A(2)(c): defines synthetic media as audio or video created with generative adversarial network techniques or other digital technology to create a realistic but false recording
- A candidate deceptively represented by synthetic media in an electioneering communication may seek injunctive or other equitable relief
- The candidate may sue the information content provider for general and special damages; courts may award attorney's fees and costs
- Affirmative defense: the disclosure 'This (video/audio) has been manipulated', displayed for the whole video or read at the start, end and every two minutes of audio
- Plaintiff must prove use of synthetic media by clear and convincing evidence; courts are encouraged to act expediently
- Media are liable only if they remove the disclosure or change the content into synthetic media; broadcasters under 47 U.S.C. 315 and interactive computer services are protected
Latest legislative action
Mar 25, 2024. Signed by Governor on March 25, 2024; Session Law Chapter 172
Sponsors
| Name | Role | District |
|---|---|---|
| James Ruchti D | Sponsor | SD-029 |
| State Affairs Committee | Sponsor |
Roll call votes
S Senate Third Reading Mar 18, 2024
23 yea11 nay1 otherPassed
H House Third Reading Mar 7, 2024
61 yea8 nay1 otherPassed
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error