Georgia HB 986 (Georgia House Bill 986 – HB 986) – Deepfake Implications and Legal Implications

1. Overview

HB 986, Georgia House Bill 98,6, targets deepfakes in political campaigns created by AI. The bill outlaws the production and sharing of materially deceptive media, which is any AI-generated media that falsely represents actual individuals, ninety days prior to an election. The breaches can cause felony charges, $50,000 fines, and a jail sentence ranging between two and five years.

2. Social Limits of the Law

The bill targets candidates, campaign committees, political action committees, and others who create deceptive media with the help of AI in order to mislead voters or affect the elections.

• Materially deceptive media: Content that falsely portrays the words or actions of a real person in a manner that seems real can be referred to as materially deceptive media.
• Exceptions: Satire, parody, artistic expression, and journalism are the exceptions.

3. Key Provisions

• Criminalization of Deceptive AI Media: Ban publication, broadcast, streaming, or uploading of deceptive AI information within any ninety days before an election.
• Disclosure Requirements: Campaign advertisements that utilize artificially generated content should have a disclosure that such content is generated with artificial intelligence.
• Exemptions: This does not apply to satire, parody, artistic works, or journalism.
• Enforcement & Penalties: The penalty imposed on offenders is two to five years of jail term, fines liable to reach 50,000 dollars, and also, injunctive relief is possible. Any violations may be investigated by the State Election Board.

4. Penalties & Enforcement

They may end up with criminal charges, up to five years in prison, and a fine of 50,000 USD against such violations. Civil remedies are available by the Attorney General, and investigations and enforcement are available by the State Election Board.

5. Practical Implications

• Political Ads Campaigns: AI-generated political ads should have a starting disclaimer.
• To Content Producers: Disclosure regulations must be adhered to by content producers; otherwise, they are liable under the law.
• To Voters: Better safeguards against deceptive AI-made content at voting.