WA SB5152: Defining synthetic media in campaigns for elective office, and providing relief for candidates and campaigns.

In one paragraph

Chapter 360, Laws of 2023 addresses election deepfakes. Synthetic media is an image, audio or video of a person's appearance, speech or conduct intentionally manipulated with generative adversarial network techniques or other digital technology to create a realistic but false depiction with a fundamentally different impression than the original. A candidate depicted in synthetic media in an electioneering communication can seek an injunction and sue the sponsor for damages. A set-format disclosure that the media "has been manipulated" is an affirmative defense. The sponsor, not the medium, is liable unless the medium removes the disclosure or alters the content. Now chapter 29B.35 RCW.

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

What it means for business

Campaigns, PACs and ad sponsors using AI-altered images, audio or video of candidates should add the statutory disclosure or risk injunctions and damages.

Key provisions

1. 1Defines synthetic media: image, audio or video of a person intentionally manipulated to create a realistic but false depiction
2. 2A candidate whose appearance, speech or conduct is altered may seek injunctive or other equitable relief against publication
3. 3The candidate may sue the sponsor for general or special damages; courts may award attorneys' fees and costs
4. 4Affirmative defense: disclosure stating "This (image/video/audio) has been manipulated", sized and placed as the act requires
5. 5The sponsor, not the medium carrying the communication, is liable unless the medium removes the disclosure or alters the content; interactive computer services are not treated as publishers of others' content
6. 6Codified as chapter 29B.35 RCW (electioneering communications, use of synthetic media)

Latest legislative action

May 9, 2023. Governor signed. Chapter 360, 2023 Laws. Effective date 7/23/2023.

Sponsors (showing 5 of 6)

Roll call votes (showing 3 of 5)

Amendments (7)

• Senate Floor Amendment Not adopted
• Senate Floor Amendment Adopted 2023-02-15
• Senate Floor Amendment Adopted 2023-02-15
• House Committee Amendment Not adopted
• House Floor Amendment Not adopted
• House Floor Amendment Not adopted
• House Engrossed Amendment Adopted 2023-04-06