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AI Summary
This bill prohibits the use of deep fake technology to influence elections in West Virginia, allowing injunctive relief by specific parties.
Business Impact
If you disseminate media that could be a deep fake in West Virginia, you must ensure it complies with this bill or face criminal penalties.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
House Bill 4963 aims to prohibit the use of deep fake technology in election contexts, targeting individuals who disseminate such content without consent. The bill outlines specific definitions, exemptions, and penalties for violations, impacting candidates and media outlets alike. Compliance will be crucial for those involved in political advertising and media distribution, with media outlets exempt only if their role was limited to distributing a prohibited political advertisement.
Key Provisions
- Prohibits dissemination of deep fakes to influence elections within 90 days of an election.
- Defines key terms such as 'deep fake' and 'depicted individual'.
- Establishes penalties for violations, including fines and imprisonment.
- Allows for injunctive relief by the Attorney General, a county prosecutor, the depicted individual, or a candidate.
- Exempts certain media outlets only if their role was limited to distributing a prohibited political advertisement, and satire/parody content with disclaimers.
- Specifies that consent from the depicted individual is required for dissemination.
Latest Legislative Action
To Judiciary
Bill Sponsors (showing 5 of 6)
| Name | Role | District |
|---|---|---|
| Daniel Linville R | Sponsor | HD-022 |
| Geno Chiarelli R | Sponsor | HD-078 |
| Jimmy Willis R | Sponsor | HD-003 |
| Josh Holstein R | Sponsor | HD-032 |
| Kayla Young D | Sponsor | HD-056 |
Roll Call Votes
H ·
Passed House (Roll No. 317) ·
Feb 27, 2024
88 Yea
11 Nay
1 Other
Passed ✓
Compliance Checklist
Ensure no deep fake content is disseminated without consent of depicted individuals.
Who: Individuals and organizations disseminating media.
Deadline: Ongoing, especially within 90 days before elections.
Penalty: Criminal penalties including fines and imprisonment.
Who: Individuals and organizations disseminating media.
Deadline: Ongoing, especially within 90 days before elections.
Penalty: Criminal penalties including fines and imprisonment.
Include disclaimers for any satire or parody content that uses manipulated media.
Who: Content creators and distributors.
Deadline: Ongoing.
Penalty: Potential legal action if not compliant.
Who: Content creators and distributors.
Deadline: Ongoing.
Penalty: Potential legal action if not compliant.
Full Legal Analysis
House Bill 4963 seeks to amend the Code of West Virginia by introducing regulations specifically targeting the use of deep fake technology in elections. The bill defines 'deep fake' and outlines the conditions under which dissemination of such content is prohibited, particularly within 90 days of an election and without the consent of the depicted individual. Violators may face significant penalties, including imprisonment and fines, depending on the nature of the violation. The bill also provides exemptions for certain media outlets, only if their role was limited to distributing a prohibited political advertisement, and content classified as satire or parody, provided they include a disclaimer about the manipulated nature of the content. This legislation aligns with growing concerns about misinformation in electoral processes and reflects similar initiatives in other states aimed at regulating the use of AI-generated content in political contexts. Additionally, injunctive relief can be sought by the Attorney General, a county prosecutor, the depicted individual, or a candidate.
Official Source
Official Bill Text
View HB4963 on official legislature website →
Related Topics
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