MI HB5141: Campaign finance: advertising; using artificial intelligence in certain political advertisements; require disclosure. Amends sec. 47 of 1976 PA 388 (…

In one paragraph

Michigan's HB 5141 (Public Act 263 of 2023) requires whoever creates, originally publishes or originally distributes a qualified political advertisement (a paid ad about a Michigan candidate, election or ballot question with image, audio or video generated in whole or substantially with AI) to state clearly and conspicuously that it was generated in whole or substantially by AI, with size, timing and language rules for print, audio and video. Fines: up to $250 for a first violation, up to $1,000 for each later one. AI-generated political robocalls need a disclaimer. Approved November 30, 2023; effective February 13, 2024.

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

What it means for business

Campaigns, committees, ad makers and others who create or first publish or distribute paid Michigan political ads with AI-generated images, audio or video must add the AI statement; AI-generated political robocalls need a disclaimer. Broadcasters and some platforms are exempt.

Key provisions

1. 1Sec. 59(1): the statement must say the ad was generated in whole or substantially by AI; graphic ads: letters at least as large as the majority of the text, same language; audio: spoken clearly at the beginning or end for at least 3 seconds; video with audio: shown at least 4 seconds and spoken at least 3 seconds, same language
2. 2Qualified political advertisement: any paid advertisement (including search engine marketing, display, video, native, issue, messaging service and mobile app ads, and sponsorships) relating to a candidate for federal, state or local office in Michigan, such an election, or a ballot question, that contains any image, audio or video generated in whole or substantially with AI
3. 3Violations are state civil infractions: civil fine up to $250 for a first violation and up to $1,000 for each subsequent violation; each noncompliant ad distributed or aired is a separate violation
4. 4Exempt: broadcasters (including cable and satellite operators, programmers and producers) airing such content in bona fide news coverage with a clear acknowledgment that it does not accurately represent the person, or paid to air such ads; news websites and periodicals with a clearly stated written disclosure policy; satire or parody; businesses regulated by the Michigan Public Service Commission or the FCC
5. 5A distribution platform is not liable for a missing AI disclosure if it shows it gave notice of its prohibitions on undisclosed AI content in political ads or prerecorded messages
6. 6MCL 169.247(7): a prerecorded phone message expressly advocating for or against a candidate or ballot question that is generated in whole or substantially by AI must say 'This message was generated in whole or substantially by artificial intelligence.'; knowing violations of section 47 are misdemeanors (up to $1,000, up to 93 days, or both)
7. 7Tie-barred to HB 5143 (Public Act 264 of 2023), which defines 'artificial intelligence' in MCL 169.202
8. 8Approved by the Governor November 30, 2023 and filed with the Secretary of State December 1, 2023 (Public Act 263 of 2023); effective February 13, 2024

Latest legislative action

Nov 30, 2023. Approved by the Governor 11/30/2023; assigned PA 263'23

Sponsors (showing 5 of 62)

Roll call votes

Amendments (6)

• House Substitute (H-2) Adopted 2023-10-31
• Senate Substitute (S-1) Not adopted 2023-11-09
• Senate Substitute (S-1) And Amendment(s) Not adopted 2023-11-09
• Senate Substitute (S-1) Not adopted 2023-11-09
• Senate Substitute (S-1) And Amendment(s) Not adopted 2023-11-09
• House Substitute (S-1) Adopted 2023-11-09

Related and companion bills

• Michigan HB5143Campaign finance: other; artificial intelligence; define. Amends sec. 2 of 1976 PA 388 (M…