Bill Text: IA HF2499 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the publication of synthetic media concerning an election, and providing penalties.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2024-02-14 - Introduced, referred to State Government. H.J. 263. [HF2499 Detail]
Download: Iowa-2023-HF2499-Introduced.html
House
File
2499
-
Introduced
HOUSE
FILE
2499
BY
JAMES
,
MADISON
,
STAED
,
NIELSEN
,
BROWN-POWERS
,
EHLERT
,
WILSON
,
KURTH
,
GAINES
,
KRESSIG
,
FORBES
,
BAGNIEWSKI
,
CROKEN
,
WILBURN
,
WESSEL-KROESCHELL
,
and
KONFRST
A
BILL
FOR
An
Act
relating
to
the
publication
of
synthetic
media
1
concerning
an
election,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
68A.507
Synthetic
media
——
1
restrictions
——
penalties.
2
1.
For
the
purposes
of
this
section:
3
a.
“Deceptive
and
fraudulent
deepfake”
means
synthetic
media
4
that
depicts
a
candidate
or
political
party
with
the
intent
to
5
injure
the
reputation
of
the
candidate
or
party
or
otherwise
6
deceive
a
voter
and
that
does
any
of
the
following:
7
(1)
Appears
to
a
reasonable
person
to
depict
a
real
8
individual
saying
or
doing
something
that
did
not
actually
9
occur
in
reality.
10
(2)
Provides
a
reasonable
person
a
fundamentally
different
11
understanding
or
impression
of
an
appearance,
action,
or
speech
12
than
a
reasonable
person
would
have
from
an
unaltered,
original
13
version
of
an
image,
audio
recording,
or
video
recording.
14
b.
“Synthetic
media”
means
an
image,
an
audio
recording,
15
or
a
video
recording
of
an
individual’s
appearance,
action,
or
16
speech
that
has
been
created
or
intentionally
manipulated
with
17
the
use
of
generative
adversarial
network
techniques
or
other
18
digital
technology
in
a
manner
to
create
a
realistic
but
false
19
image,
audio,
or
video.
20
2.
Except
as
provided
in
subsection
3,
a
person
shall
21
not,
within
ninety
days
of
an
election
at
which
a
candidate
22
will
appear
on
a
ballot,
distribute
a
synthetic
media
message
23
that
the
person
knows
or
should
have
known
is
a
deceptive
and
24
fraudulent
deepfake
of
a
candidate
or
party
on
the
ballot.
25
3.
Subsection
2
does
not
apply
if
the
synthetic
media
26
includes
a
disclosure
stating
that
the
image,
audio,
or
video
27
has
been
manipulated
or
generated
by
artificial
intelligence.
28
a.
For
visual
media,
the
text
of
the
disclosure
shall
appear
29
in
a
size
that
is
easily
readable
by
the
average
viewer
and
30
no
smaller
than
the
largest
font
size
of
other
text
appearing
31
in
the
visual
media.
If
the
visual
media
does
not
include
32
any
other
text,
the
disclosure
shall
appear
in
a
size
that
is
33
easily
readable
by
the
average
viewer.
For
visual
media
that
34
is
video,
the
disclosure
shall
appear
for
the
duration
of
the
35
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video.
1
b.
For
media
that
consists
of
audio
only,
the
disclosure
2
shall
be
read
in
a
clearly
spoken
manner
and
in
a
pitch
that
can
3
be
easily
heard
by
the
average
listener,
at
the
beginning
of
4
the
audio,
at
the
end
of
the
audio,
and,
if
the
audio
is
greater
5
than
two
minutes
in
length,
interspersed
within
the
audio
at
6
intervals
of
not
greater
than
two
minutes
each.
7
4.
This
section
does
not
apply
to
a
radio
or
television
8
broadcasting
station,
including
a
cable
or
satellite
television
9
operator,
programmer,
or
producer,
that
broadcasts
a
deceptive
10
and
fraudulent
deepfake
prohibited
by
this
section
as
part
of
11
a
bona
fide
newscast,
news
interview,
news
documentary,
or
12
on-the-spot
coverage
of
bona
fide
news
events,
if
the
broadcast
13
clearly
acknowledges
through
content
or
a
disclosure,
in
a
14
manner
that
can
be
easily
heard
or
read
by
the
average
listener
15
or
viewer,
that
there
are
questions
about
the
authenticity
of
16
the
audio
or
visual
media.
17
5.
This
section
does
not
apply
to
a
radio
or
television
18
broadcasting
station,
including
a
cable
or
satellite
television
19
operator,
programmer,
or
producer,
when
it
is
paid
to
broadcast
20
a
deceptive
and
fraudulent
deepfake
and
has
made
a
good-faith
21
effort
to
establish
the
depiction
is
not
a
deceptive
and
22
fraudulent
deepfake.
23
6.
This
section
does
not
apply
to
an
internet
site
or
a
24
regularly
published
newspaper,
magazine,
or
other
periodical
25
of
general
circulation,
including
an
internet
or
electronic
26
publication,
that
routinely
carries
news
and
commentary
of
27
general
interest,
and
that
publishes
audio
or
visual
media
28
prohibited
by
this
section,
if
the
publication
clearly
states
29
that
the
media
does
not
accurately
represent
the
speech
or
30
conduct
of
the
candidate.
31
7.
This
section
does
not
apply
to
audio
or
visual
media
that
32
constitutes
satire
or
parody.
33
8.
Notwithstanding
section
68A.701:
34
a.
A
candidate
whose
appearance,
action,
or
speech
is
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depicted
through
the
use
of
a
deceptive
and
fraudulent
deepfake
1
in
violation
of
subsection
2
may
seek
injunctive
or
other
2
equitable
relief
prohibiting
the
publication
of
such
deceptive
3
and
fraudulent
deepfake.
4
b.
A
person
who
violates
subsection
2
is
guilty
of
a
simple
5
misdemeanor
punishable
by
confinement
for
no
more
than
ninety
6
days
and
a
fine
of
not
more
than
one
thousand
dollars.
7
c.
A
person
who
violates
subsection
2
with
the
intent
8
to
cause
violence
or
bodily
harm
is
guilty
of
a
serious
9
misdemeanor.
10
d.
A
person
who
violates
subsection
2
within
five
years
of
11
a
prior
conviction
for
a
violation
of
subsection
2
is
guilty
12
of
a
class
“D”
felony.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
the
publication
of
synthetic
media
17
within
90
days
of
an
election.
The
bill
prohibits
a
person
18
from
publishing
synthetic
media,
defined
in
the
bill,
that
19
constitutes
a
deceptive
and
fraudulent
deepfake,
defined
20
in
the
bill
as
synthetic
media
that
depicts
a
candidate
or
21
political
party
with
the
intent
to
injure
the
reputation
of
22
the
candidate
or
party
or
otherwise
deceive
a
voter,
of
a
23
candidate
or
political
party
appearing
on
a
ballot
within
24
90
days
of
the
publication,
unless
the
person
complies
with
25
certain
disclosure
requirements.
The
bill
does
not
apply
to
26
media
organizations
reporting
on
media
if
the
organization
27
discloses
that
the
authenticity
of
the
media
is
in
doubt
or
28
that
the
media
is
inaccurate,
or
if
the
organization
is
paid
29
to
broadcast
a
deceptive
and
fraudulent
deepfake
and
made
a
30
good-faith
effort
to
establish
the
depiction
is
not
a
deceptive
31
and
fraudulent
deepfake.
The
bill
also
does
not
apply
to
media
32
that
constitutes
satire
or
parody.
33
The
bill
allows
a
candidate
whose
appearance,
action,
34
or
speech
is
depicted
through
the
use
of
a
deceptive
and
35
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fraudulent
deepfake
in
violation
of
the
bill
to
seek
injunctive
1
or
other
equitable
relief
prohibiting
publication
of
the
2
deceptive
and
fraudulent
deepfake.
A
person
who
publishes
3
a
deceptive
and
fraudulent
deepfake
without
a
disclosure
is
4
guilty
of
a
simple
misdemeanor
punishable
by
confinement
for
5
no
more
than
90
days
and
a
fine
of
not
more
than
$1,000.
A
6
person
who
publishes
a
deceptive
and
fraudulent
deepfake
with
7
the
intent
to
cause
violence
or
bodily
harm
is
guilty
of
a
8
serious
misdemeanor.
A
serious
misdemeanor
is
punishable
9
by
confinement
for
no
more
than
one
year
and
a
fine
of
at
10
least
$430
but
not
more
than
$2,560.
A
person
convicted
of
11
publishing
a
deceptive
and
fraudulent
deepfake
in
violation
12
of
the
bill
within
five
years
of
a
previous
conviction
for
a
13
violation
of
the
bill
is
guilty
of
a
class
“D”
felony.
A
class
14
“D”
felony
is
punishable
by
confinement
for
no
more
than
five
15
years
and
a
fine
of
at
least
$1,025
but
not
more
than
$10,245.
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