Election deepfake creators would need disclosures during campaigns

People would have to disclose when they knowingly create and share deceptive synthetic media to affect an election. The rule covers realistic but false images, audio, or video of a real person that could give viewers a fundamentally different impression of that person's words, actions, or appearance. The person must act knowingly and intend to affect the result of an election involving a candidate. Images would need a readable written warning. Audio would need a clear spoken warning at the beginning and end, and at least every two minutes if longer than two minutes. Video would need a readable written warning shown for the entire recording. The rule would apply from 90 days before an election through Election Day.

Only a candidate who personally knows about the violation and suffers material harm could file a complaint about the deceptive-media rule. The complaint must concern a violation involving that candidate and must identify the specific material harm caused by the conduct. The complaint would have to use the secretary of state's form and be signed under penalty of perjury. A violation causing material harm would be a first-degree misdemeanor on a first offense and generally a fifth-degree felony on a later offense. A later offense would carry a fine of up to $3,000 under the stated exception. A violation that does not cause material harm would carry no penalty under this section. The penalties would depend on whether the violation was a first or later offense.