Happy Monday TCPAWorld!

Here is your fair warning, Alaska’s HB358 is rapidly on its way to enactment. In fact, as of May 9, 2024, the bill has already made its way to the senate.

This is the third bill I’ve covered that protects against AI’s potential misuse in political campaigns. And to no surprise, it will not be the last.

Click here for New Mexico.

Click here for Alabama. 

Now, this little piece of legislation is a bit more interesting than any of the others like it out there due to its approach to defamation claims involving synthetic media. The law categorically treats any defamation claim based on synthetic media as per se defamation.

So, what does that mean? Well, it means that if a defamatory statement is made using synthetic media—defined broadly in the bill to include any AI-manipulated image, audio, or video that presents a false depiction of an individual—there is no need to prove actual harm for the plaintiff to claim damages.

Just wow.

Additionally, this bill sets forth stringent rules for the use of synthetic media in electioneering communications. It explicitly prohibits the use of such media to influence elections when the content is known to be false and is intended to mislead voters. This section aims to prevent the manipulation of voter opinions through deceptive portrayals of candidates or political parties – preserving the electoral process’s integrity.

The bill also outlines specific defenses for those accused of disseminating synthetic media. If an electioneering communication includes a clear and visible disclosure stating that the content has been manipulated, the creator may be shielded from liability. This requirement is detailed in its specifications, including how and where the disclaimer must appear – depending on whether the synthetic media is visual or auditory.

Another interesting addition to this bill its recognition of the role of intermediaries like internet service providers and broadcasters – exempting them from liability for merely hosting or transmitting content created by others. So, it aligns with the goal of not unduly burdening service providers with the impossible task of policing all content that passes through their networks.

Additionally, this law also protects satire and parody.

Victims of synthetic media misuse in electioneering can seek damages, reasonable attorney fees, and costs – meaning THERE IS A PRIVATE RIGHT OF ACTION. In addition, individuals can request injunctive relief to prevent further dissemination of harmful synthetic media.

Unlike with New Mexico and Alabama, the bill has not been signed by the governor yet. It still has a way to go before then. But, at the rate its progressing and since it comes with a private right of action, I thought it best to sound the alarms early on this one. Especially because of its last sentence: “This Act takes effect immediately under AS 01.10.070(c).” 

So, there you go!