Arizona Senate Bill 1359 (SB 1359) – Deepfake Legality and Implications

1. Overview

Concerns over deepfakes created by artificial intelligence (AI), especially in relation to elections, led to Governor Katie Hobbs of Arizona signing Senate Bill 1359 into law on May 29, 2024.. The law imposes civil consequences for non-adherence and mandatory disclosures for synthetic content that involves political candidates.

2. Scope of the Law

Pictures, sound recordings, and video recordings that intentionally mislead or deceive regarding a political candidate or party are all addressed by SB 1359. Those media created or distributed within ninety days of an election in which the candidate in question is a candidate are specifically targeted by the legislation. Under 47 U.S. Code § 230, it does not pertain to interactive computer services or media that are parodic or satirical.

3. Important Provisions

• Disclosure Provisions: Makers of synthetic media are required to make a clear and conspicuous disclosure that the media has been created by artificial intelligence.
• Civil Penalties: Not making the disclosure required subjects the maker to civil penalties as outlined by Arizona Revised Statutes § 16-937, subsection B, for every day the media is disseminated without the disclosure.
• Legal Remedy for Candidates: Candidates presented in misleading deepfakes can pursue injunctive or other equitable relief to enjoin publication of such content.

Definitions:

• Creator: Any individual who employs AI or other digital technology to create synthetic content.
• Deceptive and Fraudulent Deepfake: Artificial media representing a candidate, aware that it is false and meant to harm the reputation of the candidate, with the goal of deceiving a prudent person into believing the depiction is real.
• Synthetic Media: Visual depiction, audio recording, or video recording of a person’s appearance, voice, or behavior that has been produced or deliberately altered by employing digital technology to produce a realistic but untrue impression.

4. Fines and Enforcement 

Violations of SB 1359 are punishable with civil penalties according to Arizona Revised Statutes § 16-937, subsection B. The Arizona Attorney General’s Office and the Secretary of State’s Office enforce them. 

5. Comparison with International Standards

SB 1359 is consistent with international efforts to control AI-generated content, including the Artificial Intelligence Act of the European Union. SB 1359 puts more emphasis on disclosure of election-related communications and safeguarding of personal reputations in civil form.

6. Implications

• To Political Campaigns: Campaigns need to ensure that synthetic media utilized in communications contains the necessary disclosure statement in order to meet SB 1359 requirements.
• For Content Creators: Synthetic media creators should know about the legal requirements and potential fines involved in spreading misleading content.
• For Voters: Voters ought to be aware of the fact that such laws exist and avoid possibly misleading media during election seasons.

7. Future Outlook

SB 1359 may be amended if AI technology develops further to handle new issues and guarantee its efficacy in preserving individual privacy and voting integrity. The necessity of such legislative steps will be determined by ongoing conversations and assessments.