Florida Senate Bill 850 (SB 850) Legality and Implications of Deepfakes

1. Overview

Senator Nick DiCeglie sponsored Florida Senate Bill 850, legislation drafted to respond to the increasing concerns over deepfakes produced through artificial intelligence for political advertising. The bill mandates that any political ad that incorporates artificial intelligence (AI) generated text, audio, video, photos, or any other digital content must incorporate a strong disclaimer.

“Created in whole or in part with the use of generative artificial intelligence (AI).”

This provision aims to educate citizens regarding the subject of what they are watching, thus promoting transparency in political advertising. The bill is to come into operation on July 1, 2024.

2. Scope of the Law

SB 850 applies to all electioneering communications, political ads, and other political ads that:

Contain text, graphics, video, audio, or other digital content created solely or in part by generative artificial intelligence;

• purport to depict a real individual performing an action that never occurred;
• They are designed to deceive voters regarding a matter on the ballot or to injure a candidate.

The bill provides a simplified process for complaints regarding violations of this disclaimer requirement to be addressed when such are filed with the Florida Elections Commission.

3. Provisions of Paramount Importance

Disclosure Requirement: Political ads employing AI-generated or considerably modified content are required to have the necessary disclaimer.

Application scope: The act covers all political ads, including those disseminated through digital media, television, radio, and print media.

Enforcement Authority: Enforcement of the provisions of SB 850 falls under the Florida Elections Commission. 

4. Enforcement and Penalties Responsibilities

Penalties for the violation of SB 850 can be imposed by the Florida Elections Commission, as the Commission has the power to investigate complaints and enforce the law. Fines, among others that the Commission finds fitting, are examples of penalties.

5. Comparison to Global Standards

SB 850 joins international efforts to ensure the regulation of AI-generated content in political campaigns. Other jurisdictions have seen similar legislation passed, including in the European Union, which has passed its Digital Services Act that mandates transparency in digital advertising as well as protecting users from deceptive content. SB 850 targets AI-generated content specifically, giving clear guidelines for disclosure in political ads.

6. Implications

For Political Campaigns: Political campaigns should make sure that any advertisement with AI-generated or significantly manipulated content has the obligatory disclosure statement to meet the provisions of SB 850.

For Content Creators: Content creators who produce AI-generated content should keep themselves informed about the disclosure obligations and consequent penalties involved in distributing such content in political ads.

For Voters: Voters need to be aware of the presence of these laws and remain vigilant against likely manipulative media during election times.

7. Future Outlook

Ongoing evaluation and dialogue will be required to determine whether additional legislation is necessary. To protect individuals’ privacy and election integrity, the effectiveness of SB 850 may need to be updated in order to keep pace with the ongoing rapid development surrounding artificial intelligence.