Alabama House Bill 172 (HB 172) – Legality and Implications of Deepfakes

1. Overview

Alabama House Bill 172 (HB 172) became law on May 16, 2024, and became effective on October 1, 2024. The bill criminalizes the distribution of very false AI-generated material with the intent to impact elections. The bill tries to safeguard the integrity of elections by restricting the utilization of AI-generated media in political campaigns.

2. Scope of the Law

HB 172 targets the production and distribution of AI-created media, such as images, sound, and video, presenting fake individuals saying or doing things they did not. Media shared in the ninety days preceding an election designed to harm a candidate’s reputation or mislead voters is specifically targeted by the legislation.

3. Main Provisions

Definition of Materially Deceptive Media: Media that falsely depict a person making a statement or doing something they never did, which a viewer might reasonably accept as true.

Penalties: Class A misdemeanors, with a maximum penalty of one year in prison, are committed by offenders who are before the court for the first time. Class D offenses are prosecuted against repeat offenders.

Disclaimers: Legalizes the dissemination of AI-altered media where it contains a clear and conspicuous disclaimer stating that the content is manipulated and not true events.

Civil Remedies: Authorizes individuals harmed, candidates, or groups acting in the interests of voters to obtain injunctive orders enjoining the dissemination of deceptive media.

4. Fines & Enforcement

Fines: Class A misdemeanor for first-time offenders; Class D felony for repeat offenders.

Civil Suits: Victims may obtain injunctions to enjoin further dissemination of false media.

Enforcement: State authorities enforce the statute, and the Alabama Attorney General’s office issues guidance on its enforcement.

5. Notable Cases

There have not yet been reported cases under HB 172. Legislation was, however, enacted in response to increasing concern regarding the use of AI-generated content in elections.

6. International Standards Comparison

HB 172 is a part of an international attempt to control AI-generated content in the political process. Similar bills have been passed in other American states, including California and Texas, criminalizing the use of false AI-generated media in political campaigns.

7. Implications

For Political Campaigns: Political campaigns will need to make sure that all the content in the media meets the disclaimer requirements or face prosecution.

For Content Creators: Content creators of media generated by AI must be cognizant of legal obligations and fines for disseminating false information.

For Voters: Voters must become informed about the existence of such laws and beware of potentially false media in elections.

8. Future Outlook

HB 172 may be amended with the times to address new concerns and safeguard electoral integrity as AI technology evolves.