H.R. 5272: Protect Elections from Deceptive AI Act

This bill, known as the Protect Elections from Deceptive AI Act, seeks to address the potential misuse of artificial intelligence (AI) in creating misleading audio or visual content about candidates running for federal office. Here’s a breakdown of what the bill entails:

Purpose of the Bill

The main goal is to prohibit the distribution of materially deceptive AI-generated media in the context of federal elections. It aims to ensure that voters receive accurate information about candidates, reducing the risk of manipulation through misinformation.

Definitions

• Covered Individual: This term refers specifically to candidates running for federal office.
• Deceptive AI-generated Audio or Visual Media: This is defined as any audio, video, or image that is produced using AI or machine learning techniques to create or alter content in a way that makes it seem authentic but is actually misleading. This includes content that might significantly change the viewer's understanding or impression of a person's appearance or expressions via these altered media.
• Federal Election Activity: This term includes a wide range of activities regarding the promotion of candidates during federal elections.

Prohibitions

The bill establishes that no person, political committee, or other entity may knowingly distribute materially deceptive AI-generated media of any covered individual when the intent is to influence an election or solicit funds. There are exceptions to this prohibition, outlined below.

Exceptions

Notably, certain entities are exempt from these restrictions:

• Traditional news outlets (like radio and television stations) can broadcast deceptive AI-generated content as part of news coverage, provided they clearly acknowledge the content's questionable authenticity.
• Regularly published newspapers or magazines that distribute such media in a transparent manner—where it’s noted that the media does not accurately represent the individual featured—are also covered.
• Satirical or parody content is exempt from these provisions.

Civil Actions

The bill allows covered individuals whose likenesses or voices are misrepresented in deceptive media to take legal action. They can seek:

• Injunctive Relief: Individuals can request a court to prohibit the further distribution of deceptive media.
• Damages: These individuals may also claim damages and may recover attorney's fees and costs if they win the case.

Impact on Defamation Actions

If someone violates this new section of the Federal Election Campaign Act, it will be treated as defamation per se, meaning the injured party does not have to prove actual harm, as the action itself is considered harmful.

Severability Clause

The bill includes a severability clause, ensuring that if any part of the act is deemed invalid, the remaining portions will still stand and be applicable.

Relevant Companies

• GOOGL (Alphabet Inc.): As a major player in AI and technology, particularly in video and audio media platforms like YouTube, GOOGL may need to adjust its content moderation policies in light of this legislation.
• AMZN (Amazon): With its streaming services and potential use of AI technologies in content creation, Amazon may be affected in how it manages AI-generated media on its platforms.
• FB (Meta Platforms, Inc.): Meta operates various platforms where AI-generated media could be widely distributed, potentially necessitating new compliance measures regarding election-related content.