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WV HB4963: Prohibiting the use of deep fake technology to influence an election

Dead/Failed West Virginia · 2024 session

Last verified May 20, 2026 · official bill text

HB4963 · where it stands

This bill did not become law (dead/failed) · last action Feb 28, 2024.

What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Signed / enacted
Signed into law; it may or may not be in effect yet.
In effect
The effective date has passed.
Dead / vetoed
Vetoed, failed, or the session ended without action.

In one paragraph

This bill prohibits the use of deep fake technology to influence elections in West Virginia, allowing injunctive relief by specific parties.

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

What it means for business

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 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

  1. Prohibits dissemination of deep fakes to influence elections within 90 days of an election.
  2. Defines key terms such as 'deep fake' and 'depicted individual'.
  3. Establishes penalties for violations, including fines and imprisonment.
  4. Allows for injunctive relief by the Attorney General, a county prosecutor, the depicted individual, or a candidate.
  5. Exempts certain media outlets only if their role was limited to distributing a prohibited political advertisement, and satire/parody content with disclaimers.
  6. Specifies that consent from the depicted individual is required for dissemination.

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.
  • 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.

Latest legislative action

Feb 28, 2024. To Judiciary

Full 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.

Sponsors (showing 5 of 6)

NameRoleDistrict
R Sponsor HD-022
R Sponsor HD-078
R Sponsor HD-003
R Sponsor HD-032
D Sponsor HD-056

Roll call votes

H Passed House (Roll No. 317) Feb 27, 2024

88 yea11 nay1 otherPassed

Topics and industries

Related topics

AI Deepfakes

Affected industries

TechnologyMedia

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

More West Virginia AI legislation

All West Virginia bills →
SB198 Prohibiting creation, production, distribution, or possession of artificially ge HB5690 Creating a West Virginia Task Force on Artificial Intelligence HR3 Creating a Select Committee on Artificial Intelligence HB3187 Relating to the West Virginia Task Force on Artificial Intelligence HB4496 To force any media/internet creator providing artificial intelligence created vi SB454 Stop Non-Consensual Distribution of Intimate Deep Fake Media Act