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S. 5238IntroducedSenate · nowHousePresidentLawIn committee
Sec. 1012 · S. 5238

Prohibition on false AI-generated election media

Title X — Safeguard free and fair elections › Subtitle A — Fraudulent Artificial Intelligence Regulations (FAIR) Elections Act

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(a) Definitions In this section: (1) Applicable Federal election The term applicable Federal election means any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession. (2) Election official The term election official means any individual legally authorized to perform duties in connection with an applicable Federal election, including workers, volunteers, poll workers, and authorized poll observers. (3) False AI-generated election media The term false AI-generated election media means text. image, audio, or video that— (A) is the product of a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; and (B) either— (i) contains materially false information relating to— (I) the time, place, or manner of holding any applicable Federal election; or (II) the qualifications for or restrictions on voter eligibility for any such election; or (ii) falsely depicts an election official. (b) Prohibition Except as provided in subsection (c), a person may not— (1) knowingly distribute false AI-generated election media described in subsection (a)(3)(B)(i) if such person— (A) knows such media contains materially false information described in such subsection; and (B) has the purpose of impeding or preventing another person from exercising the right to vote in an applicable Federal election; or (2) knowingly distribute false AI-generated election media described in subsection (a)(3)(B)(ii) if such person— (A) knows the depiction of the election official in such media is materially false; and (B) has the intent to— (i) intimidate or harass an election official; or (ii) deter another person from exercising the right to vote in an applicable Federal election. (c) Inapplicability to certain entities This section shall not apply to the following: (1) A radio or television broadcasting station, a cable or satellite television operator, programmer, or producer, or a streaming service that broadcasts false AI-generated election media prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that the information contained in the media and described in subsection (a)(3)(B) is false. (2) A regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes false AI-generated election media prohibited under this section, if the publication clearly states that the information contained in the media and described in subsection (a)(3)(B) is false. (d) Enforcement The Attorney General may bring a civil action against any person who violates subsection (b) in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order).

Sec. 1012: Prohibition on false AI-generated election media · Public Law Tracker