ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	Senate: ELEC DP 7-1-0-0 | 3^rd Read: 24-4-2-0 House: MOE DPA 8-0-0-1

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SB 1359: election communications; deep fakes; prohibition

Sponsor: Senator Carroll, LD 28

House Engrossed

Overview

Establishes a period of 90 days before an election during which a person who creates or distributes a deceptive and fraudulent deepfake of a candidate without a clear and conspicuous disclosure is liable for a civil penalty. 

History

Interactive computer service refers to any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions (47 U.S.C. § 230).

Provisions

1. Prohibits, within 90 days of an election, a person from creating, sponsoring or distributing a synthetic media message the person knows is a deceptive and fraudulent deepfake of a candidate appearing on the ballot. (Sec. 1)

2. Exempts a person from the prohibition outlined above if the synthetic media message includes a clear and conspicuous disclosure that conveys to a reasonable person that the media includes content generated by artificial intelligence. (Sec. 1)

3. Exempts media that constitutes satire or parody and an interactive computer service as defined by federal law. (Sec. 1)

4. Specifies a person who fails to make the disclosure as required by this act is liable for a civil penalty for each day, they distribute the deceptive and fraudulent deepfake. (Sec. 1)

5. Defines creator, deceptive and fraudulent deepfake and synthetic media. (Sec. 1)

6. Contains a severability clause. (Sec. 2)

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                        SB 1359

Initials JH     Page 0 House Engrossed

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