119-s1213

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1213 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1213

To prohibit the distribution of materially deceptive AI-generated audio 
 or visual media relating to candidates for Federal office, and for 
 other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 31, 2025

Ms. Klobuchar (for herself, Mr. Hawley, Mr. Coons, Ms. Collins, and Mr. 
 Bennet) introduced the following bill; which was read twice and 
 referred to the Committee on Rules and Administration

_______________________________________________________________________

 A BILL

To prohibit the distribution of materially deceptive AI-generated audio 
 or visual media relating to candidates for Federal office, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Protect Elections from Deceptive AI 
Act''.

SEC. 2. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AI-
 GENERATED AUDIO OR VISUAL MEDIA PRIOR TO ELECTION.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the 
following new section:

``

SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AI-
 GENERATED AUDIO OR VISUAL MEDIA.

 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Covered individual.--The term `covered individual' 
 means a candidate for Federal office.
 ``

    (2) Deceptive ai-generated audio or visual media.--The 
 term `deceptive AI-generated audio or visual media' means an 
 image, audio, or video that--
 ``
        (A) is the product of artificial intelligence 
 technology that uses machine learning (including deep 
 learning models, natural learning processing, or any 
 other computational processing techniques of similar or 
 greater complexity), that--
 ``
            (i) merges, combines, replaces, or 
 superimposes content onto an image, audio, or 
 video, creating an image, audio, or video that 
 appears authentic; or
 ``
            (ii) generates an inauthentic image, 
 audio, or video that appears authentic; and
 ``
        (B) a reasonable person, having considered the 
 qualities of the image, audio, or video and the nature 
 of the distribution channel in which the image, audio, 
 or video appears--
 ``
            (i) would have a fundamentally different 
 understanding or impression of the appearance, 
 speech, or expressive conduct exhibited in the 
 image, audio, or video than that person would 
 have if that person were hearing or seeing the 
 unaltered, original version of the image, 
 audio, or video; or
 ``
            (ii) would believe that the image, audio, 
 or video accurately exhibits any appearance, 
 speech, or expressive conduct of a person who 
 did not actually exhibit such appearance, 
 speech, or expressive conduct.
 ``

    (3) Federal election activity.--The term `Federal 
 election activity' has the meaning given the term in 

section 301

    (20)
        (A)
            (iii) .
 ``

    (b) Prohibition.--Except as provided in subsection
            (c) , a person, 
political committee, or other entity may not knowingly distribute 
materially deceptive AI-generated audio or visual media in carrying out 
a Federal election activity or of a covered individual for the purpose 
of--
 ``

    (1) influencing an election; or
 ``

    (2) soliciting funds.
 ``
            (c) Inapplicability to Certain Entities.--This section shall not 
apply to the following:
 ``

    (1) A radio or television broadcasting station, including 
 a cable or satellite television operator, programmer, or 
 producer, or a streaming service that broadcasts materially 
 deceptive AI-generated audio or visual media prohibited by this 
 section as part of a bona fide newscast, news interview, news 
 documentary, or on-the-spot coverage of bona fide news events, 
 if the broadcast clearly acknowledges through content or a 
 disclosure, in a manner that can be easily heard or read by the 
 average listener or viewer, that there are questions about the 
 authenticity of the materially deceptive AI-generated audio or 
 visual media.
 ``

    (2) A regularly published newspaper, magazine, or other 
 periodical of general circulation, including an internet or 
 electronic publication, that routinely carries news and 
 commentary of general interest, and that publishes materially 
 deceptive AI-generated audio or visual media prohibited under 
 this section, if the publication clearly states that the 
 materially deceptive AI-generated audio or visual media does 
 not accurately represent the speech or conduct of the covered 
 individual.
 ``

    (3) Materially deceptive AI-generated audio or visual 
 media that constitutes satire or parody.
 ``
            (d) Civil Action.--
 ``

    (1) Injunctive or other equitable relief.--
 ``
        (A) In general.--A covered individual whose voice 
 or likeness appears in, or who is the subject of, a 
 materially deceptive AI-generated audio or visual 
 media, including content distributed as part of a 
 Federal election activity, distributed in violation of 
 this section may seek injunctive or other equitable 
 relief prohibiting the distribution of materially 
 deceptive AI-generated audio or visual media in 
 violation of this section.
 ``
        (B) Precedence.--An action under this paragraph 
 shall be entitled to precedence in accordance with the 
 Federal Rules of Civil Procedure.
 ``

    (2) Damages.--
 ``
        (A) In general.--A covered individual whose voice 
 or likeness appears in, or who is the subject of, a 
 materially deceptive AI-generated audio or visual 
 media, including content distributed as part of a 
 Federal election activity, distributed in violation of 
 this section may bring an action for general or special 
 damages against the person, committee, or other entity 
 that distributed the materially deceptive AI-generated 
 audio or visual media.
 ``
        (B) Attorney's fees and costs.--In addition to 
 any damages awarded under subparagraph
        (A) , the court 
 may also award a prevailing party reasonable attorney's 
 fees and costs.
 ``
            (C) Rule of construction.--Nothing in this 
 paragraph shall be construed to limit or preclude a 
 plaintiff from securing or recovering any other 
 available remedy.
 ``

    (3) Burden of proof.--In any civil action alleging a 
 violation of this section, the plaintiff shall bear the burden 
 of establishing the violation through clear and convincing 
 evidence.''.

    (b) Severability.--If any provision of this Act, or an amendment 
made by this Act, or the application of such provision to any person or 
circumstance, is held to be invalid, the remainder of this Act, or an 
amendment made by this Act, or the application of such provision to 
other persons or circumstances, shall not be affected.
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