Legislation that would require distributors of deep fakes of political candidates to disclose that the content is generated by artificial intelligence is nearing a final vote in the Arizona Senate.

The bill spells out that anyone who distributes a “synthetic media message” purporting to show a candidate within 90 days of an election must include a “clear and conspicuous disclosure” that the media includes content generated by artificial intelligence. That message also would need to remain on the screen for the duration of the video.

For an audio message, the proposal would ensure the disclosure isn’t delivered by some fast-talking announcer, with the requirement that it be “in a clearly spoken manner and in a pitch that can be easily heard by the average listener” — and at the beginning, the end and, if the audio is longer, then every two minutes throughout.

Sen. Frank Carroll (R-Sun City), introduced the bill, which carries fines and potential jail time for offenders.

“This is about election integrity. You can thwart an election by an imposter speaking as if they’re the actual candidate,” Carroll said. 

Proposal allows for quick ruling on deep fakes

Another measure in the Legislature also deals with deep fakes in political situations, without any criminal penalties.

HB 2394 would allow a candidate to go to court and get a quick ruling that what they are seeing or hearing isn’t really them.

The proposal by Rep. Alexander Kolodin, R-Scottsdale would not allow a judge to actually order deep fake of a candidate to be removed from wherever it is posted. Nor would there be any sanctions against those who create or post themselves.

But Kolodin said that a court order then would allow the candidate to have a judicial declaration that the item is a fake. His measure already has been approved unanimously by the House and awaits Senate action.

Another bill moving through the Capitol — SB 1078 from Sen. John Kavanagh (R-Fountain Hills) — would make it illegal to defraud or harass using computer generated voice recordings, images and videos of other people. That measure, too, awaits a final Senate vote.

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