Alaska Senate Bill 33 (SB 33) – Legality and Impacts of Deepfake

1. Overview

On 22nd January 2025, Senator Mike Cronk sponsored Alaska Senate Bill 33 (SB 33) in reaction to the increased threats of defamation and elections due to deepfakes and other artificial media. The bill seeks to create definitive legal paradigms of defamation cases involving artificial media and modulate the deployment of such media in electioneering communications.

2. Scope of the Law

SB 33 focuses its efforts on two issues: Defamation Claims: By defining and addressing defamation claims resulting from the application of synthetic media, the bill seeks to grant individuals legal recourse when injured by content.

Electioneering Communications: In an attempt to stop the spread of false or misleading information that has the potential to sway voters, it suggests regulations regarding the use of artificial intelligence in political campaigns.

3. Key Provisions

Defamation Liability: Establishes norms for the responsibility of individuals or organizations for defamation by artificial media.

Disclosure Requirements: Demands open disclosure if synthetic media is used in election communications to inform the voter of the message’s authenticity.

Enforcement Mechanisms: Provides machinery for enforcement and sanctions in the event of a breach of the established norms.

4. Fines & Enforcement

As the bill is still pending, the specific penalties for non-compliance have not yet been released. SB 33 establishes enforcement provisions to induce compliance with its provisions. The bill is currently under consideration by the Senate State Affairs Committee with a hearing scheduled for April 29, 2025.

5. Significant Cases

As SB 33 is still pending, there are no cases or reported precedents under said law.

6. Practical Implications

For Political Campaigns: Campaigns must ensure that any synthetic media inserted in communications must include the required disclosure statement in order to comply with SB 33 mandates.

For Content Creators: The creators of synthetic media must be aware of the legal requirements and punishment of distributing false content.

For Voters: Voters must be informed of such legislation and be cautious of potentially deceptive media during elections.

7. Future Outlook

With the advancement of synthetic media technology, SB 33 can be revised to address upcoming challenges to protect the reputations of individuals and electoral integrity. Regular discussions and assessments will indicate whether the legislative measures need to be implemented further.