Bill Text: HI SB2687 | 2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating To Elections.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-07-05 - Act 191, 07/03/2024 (Gov. Msg. No. 1292). [SB2687 Detail]

Download: Hawaii-2024-SB2687-Amended.html

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THE SENATE	S.B. NO.	2687
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ELECTIONS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that although artificial intelligence (AI) technology can greatly benefit certain aspects of society, it can also have dangerous consequences if applied maliciously.  For example, the use of deepfakes or generative AI in elections can be a powerful tool used to spread disinformation and misinformation, which can increase political tensions and result in electoral-related conflict and violence.  Several states, including Michigan, Minnesota, and Washington, have enacted legislation governing the use of AI elections.  The legislature believes that regulating the use of deepfake and generative AI technologies to influence elections is necessary to protect the democratic process in the State.

     Accordingly, the purpose of this Act is to:

     (1)  Prohibit a person from distributing, or entering into an agreement with another person to distribute, materially deceptive media with exceptions;

     (2)  Establish remedies for parties injured by the distribution of materially deceptive media; and

     (3)  Establish criminal penalties for distributing materially deceptive media.

     SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part XIII to be appropriately designated and to read as follows:

     "§11-    Distribution of materially deceptive media; prohibited; remedies; penalties.  (a)  Except as provided in subsections (b) and (c), no person shall distribute, or enter into an agreement with another person to distribute, materially deceptive media if the distribution occurs between the first working day of February in every even numbered year through the next general election and the person knows or reasonably knows that:

     (1)  The media falsely represents a depicted individual; and

     (2)  The distribution of the materially deceptive media will harm the reputation or electoral prospects of a candidate in an election or to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted.

     (b)  Subsection (a) shall not apply to a broadcaster if federal law or rule requires the broadcaster to run the materially deceptive media without editing the media.

     (c)  Subsection (a) shall not apply if the media includes a disclaimer informing the viewer that the media has been manipulated by technical means and depicts appearance, speech, or conduct that did not occur; provided that:

     (1)  If the media is a video, the disclaimer:

          (A)  Appears throughout the entirety of the video;

          (B)  Is clearly visible to and readable by an observer;

          (C)  Is in letters at least as large as the largest size of any text communication, or if there is no other text communication, in a size that is easily readable by an observer; and

          (D)  Is in the same language as the language used in the video media;

     (2)  If the media is an image, the disclaimer:

          (A)  Is clearly visible to and readable by the observer;

          (B)  Is in letters at least as large as the largest text in the image if the media contains other text; and

          (C)  Is in the same language as the language used in the image media;

     (3)  If the media consists of only audio and contains no image or video, the disclaimer is read:

          (A)  At the beginning and end of the media in a clearly spoken manner;

          (B)  In a pitch that can easily be heard by the listener; and

          (C)  In the same language as the audio media; and

     (4)  If the media was generated by editing or creating new media from an existing image, audio, or video, the media includes a citation directing the viewer or listener to the original sources from which the unedited version of the existing images, audios, or videos were obtained or generated.

     (d)  A depicted individual, including a candidate for election, whose appearance, action, or speech is altered or affected through the use of materially deceptive media or any organization that represents the interest of voters likely to be deceived by the distribution of materially deceptive media, may bring an action for general or special damages against a person who violates this section.

     The court, in its action and in addition to any judgment awarded to the plaintiff or plaintiffs, may award a prevailing party reasonable attorney's fees and costs; provided that this subsection shall not limit or preclude a plaintiff from pursuing any other available remedy.

     (e)  A cause of action for injunctive or other equitable relief may be maintained against any person who is reasonably believed to violate or who is in the course of violating this section by:

     (1)  The attorney general;

     (2)  A commissioner;

     (3)  A county attorney or county prosecutor;

     (4)  The depicted individual;

     (5)  A candidate for nomination or election to a public office who is injured or is likely to be injured by dissemination of materially deceptive media; or

     (6)  Any organization that represents the interest of voters likely to be deceived by the distribution of materially deceptive media.

     A court may issue a temporary or permanent injunction or restraining order to prevent further harm to the plaintiff.  If a plaintiff, other than the attorney general, county attorney, or county prosecutor, is awarded permanent injunctive relief under this subsection, the court may award reasonable attorney's fees and costs to the plaintiff.

     The court may issue a civil fine for the violation of a court order issued under this subsection in an amount of up to $1,000 per day.

     (f)  Any person violating subsection (a) shall be guilty of a petty misdemeanor; provided that if the violation occurs within five years of a previous conviction for a violation under this section, the person shall be guilty of a misdemeanor; provided further that if the person commits the violation with the intent to cause violence or bodily harm, the person shall be guilty of a class C felony.

     (g)  For the purposes of this section:

     "Advertisement" has the same meaning as defined in section 11-302.

     "Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to:

     (1)  Perceive real and virtual environments;

     (2)  Abstract perceptions of real and virtual environments into models through analysis in an automated manner; and

     (3)  Use model inference to formulate opinions for information or action.

     "Depicted individual" means an individual who is falsely represented in a materially deceptive media.

     "Distribute" means to convey information by any means.

     "Materially deceptive media" means any information, including any audio, image, or video, that:

     (1)  Is an advertisement;

     (2)  Falsely depicts an individual's appearance or voice;

     (3)  Falsely depicts an individual engaging in speech or conduct in which the depicted individual did not in fact engage;

     (4)  Would cause a reasonable viewer or listener to believe that the depicted individual engaged in the speech or conduct depicted; and

     (5)  Was intentionally created by:

          (A)  Generative adversarial network techniques or another technique that translates a source image into another image using machine learning, deep learning techniques, and convolutional neural networks;

          (B)  Artificial intelligence; or

          (C)  Digital technology."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on April 14, 2112.

 

 

 

Report Title:

Elections; Materially Deceptive Media; Artificial Intelligence; Deepfake Technology; Prohibition; Penalty

 

Description:

Prohibits a person from distributing, or entering into an agreement with another person to distribute, materially deceptive media unless the media contains a disclaimer or the person is a broadcaster required to distribute the media pursuant to federal law or rule.  Establishes remedies for parties injured by the distribution of materially deceptive media.  Establishes criminal penalties for distributing materially deceptive media.  Defines "materially deceptive media".  Takes effect 4/14/2112.  (SD1)

 

 

 

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