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REFERENCE TITLE: candidates; digital impersonation; injunctive relief |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2394 |
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Introduced by Representatives Kolodin: Chaplik
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An Act
amending title 16, chapter 7, article 1, Arizona Revised Statutes, by adding section 16-1023; relating to prohibited acts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 7, article 1, Arizona Revised Statutes, is amended by adding section 16-1023, to read:
16-1023. Digital impersonation of candidate or other person; injunctive relief; expedited relief
A. A candidate for public office who will appear on the ballot in this state or any citizen of this state may bring an action for digital impersonation within two years after the date that the person knows, or in the exercise of reasonable diligence should know, that a digital impersonation of that person was published. The sole remedy in this cause of action is preliminary and permanent declaratory relief except as otherwise expressly provided by this section. To prevail on an action prescribed by this section, a plaintiff must prove all of the following by a preponderance of the evidence:
1. That a digital impersonation of the person was published to one or more other persons without the person's consent.
2. That on publication, the publisher did not take reasonable steps to inform the persons to whom the publication was made that the recording or image was a digital impersonation, or it was not otherwise obvious to the person or persons to whom the publication was made that the recording or image was a digital impersonation.
B. A person bringing an action for digital impersonation has the right to obtain a preliminary judicial declaration that a recording or image is a digital impersonation within two judicial days after seeking that relief. That relief shall be granted only if the person is able to prove by a preponderance of the evidence the elements of digital impersonation and any of the following additional requirements are met:
1. The person is a candidate for public office and an election is scheduled to be held for that public office within one hundred eighty days of the date that the relief is requested.
2. The digital impersonation depicts the person engaging in a sexual act or depicts the unclothed breasts, buttocks or genitals of the person.
3. The digital impersonation depicts the person engaging in a criminal act.
4. In the absence of expedited relief, the person can be reasonably expected to suffer significant personal or financial hardship or loss of employment opportunities.
5. In the absence of expedited relief, the person's reputation will be irreparably harmed.
6. The interests of justice otherwise require.
C. A person bringing an action for digital impersonation additionally has the right to recover injunctive relief and damages if all of the following requirements are met:
1. The digital impersonation depicts the person engaging in a sexual act or depicts the unclothed breasts, buttocks or genitals of the person.
2. The person was not a public figure at the time the cause of action accrued.
3. The elements of subsection A of this section are proven by clear and convincing evidence.
4. The person proves, by clear and convincing evidence, that the publication was made with actual knowledge that the recording or image was a digital impersonation or, if a digital impersonation was published without such knowledge, that the publisher failed to take reasonable corrective action after the publisher had actual knowledge that the recording or image was a digital impersonation.
D. Any factual determinations made by the court in a request for preliminary relief under subsection B of this section shall not be considered by the trier of fact at any later stage of the proceeding.
E. A parent or guardian of a minor child or incapacitated person may seek relief under this section on the minor child's or incapacitated person's behalf.
F. This section shall be narrowly construed in favor of both free and open discourse on matters of public concern and artistic expression and shall not be construed so as to deny or disparage any cause of action otherwise available.
G. For the purposes of this section:
1. "Appear on the ballot in this state" includes a candidate for president of the United States whose candidates for presidential elector will appear on the ballot in this state.
2. "Digital impersonation" means synthetic media, typically video or audio, that:
(a) Has been digitally manipulated to convincingly replace one person's likeness or voice with that of another using deep generative methods and artificial intelligence techniques, or for which one person's likeness or voice has otherwise been simulated using deep generative methods and artificial intelligence techniques.
(b) Was created with the intention to deceive or lead reasonable listeners or viewers into believing that the content is authentic.
(c) Reasonable viewers or listeners would believe actually represents the person's voice or likeness.
(d) Would cause reasonable viewers or listeners to conclude that the recording or image is a true and accurate depiction of something the person said or did and not merely commentary, parody, satire, criticism or artistic expression related to that person.
(e) Was not created by the person or with the person's consent.
3. "Election" means any election in this state, including a primary, presidential preference, special or general election.
4. "Public figure", for the avoidance of doubt, includes limited purpose public figures.
5. "Public office" means any office of public trust or any position to which persons are elected within a political party.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.