On May 16, 2024, Alabama became the next state to enact legislation regulating the use of artificial intelligence in elections.

As you recall, New Mexico had a similar bill go into effect this month.

Under Alabama HB172, it is illegal to distribute AI-generated deceptive media if the distributor knows it falsely represents a person and intends to influence an election or harm a candidate’s electoral prospects. This prohibition applies specifically within the critical 90-day period before an election. This a clear attempt by the Alabama government to protect the electoral process from last-minute misinformation campaigns.

However, the law allows for certain exemptions. If the deceptive media includes a clear and conspicuous disclaimer that it has been technologically manipulated, it does not violate the law – well at least this law.

The first violation is a misdemeanor, and any additional violations within five years of the first offense is a felony.

There is no real monetary private right of action here, BUT permanent injunctive relief is available for: (1) the Attorney General; (2) a depicted individual; (3) a candidate for office who has been injured or is likely to be injured by the distribution of materially deceptive media; and (4) any entity that represents the interests of voters likely to be deceived by the distribution of materially deceptive media. These individuals must show by “clear and convincing evidence that the defendant against whom the injunction is sought knew the media at issue falsely represented the depicted individual” in order to be successful – which is completely fair since this law is regulating speech here. Additionally, and importantly, if successful, a plaintiff (except the AG) can recover costs and attorney’s fees.

This act goes into effect on October 1, 2024. To read the bill in its entirety, click here: HB172 AI AL Election.