Texas SB 751 (2019): Legal Protections Against Deepfake Election Interference

1. Overview

The Texas Senate Bill 751 (SB 751) became law on June 14, 2019, which criminalizes the activity of creating and posting false deepfake videos in the knowledge that the video will be used to influence the outcome of an election. The new law enters into force on September 1, 2019, and it is aimed at safeguarding the election phase against misinformation generated through artificial intelligence.

2. Scope of the Law

SB 751 is really directed at deepfake videos, which are of real people doing things they did not do in real life but have been created by artificial intelligence (AI) or altered, and are specific attempts to mislead voters. The law applies in the following manner in relation to videos created and shared within 30 days of an election.

3. Key Provisions

• Criminal Offense: Creating and distributing a deepfake video with the aim to cause harm to a candidate or manipulate the results of an election is a criminal offense, and publishing or distributing the video within one month of an election is a crime as well.
• Definition of a Deepfake Video: A deepfake video is classified as a video in such a way that a video in which artificial intelligence was used, but is presented in such a way that an observer would think it was a real video of a person doing something that was not done in reality, with the hope that with this deceptio,n people will take action
• Effective Date: The Act took effect on September 1, 2019.

4. Fines & Enforcement

• Criminal Penalties: If someone breaks the rules of SB 751, they can be charged with a Class A misdemeanor. This may lead to fines or time in jail.
• Enforcement: Texas law enforcement agencies enforce this law, and district attorneys can prosecute it.

5. Notable Cases or Precedents

To date, no publicly reported cases have been reported under SB 751. Nevertheless, the law has been cited as a comparison to legal debates in regard to the spread of nonconsensual deepfake pornography.

6. Comparison to Global Standards

SB 751 endorses the global efforts to regulate deepfake technology. An example is the AI Act of the European Union, which goes further to impose more restrictions on the use of high-risk applications by categorizing AI systems based on the levels of risk. Similarly, deepfake production and distribution are Australian law under the Online Safety Act 2023 and thus fulfill the definition of a malicious deepfake production. What makes it remarkable is that SB 751 is explicitly related to deepfakes when it comes to elections.

7. Practical Implications

• For the Political Campaigns: Campaigns must watch out against insidious deepfake videos, most of all during the 30 days before elections.
• For Voters: The voter ought to be aware that deep fake videos are capable of influencing their attitudes and preferences.
• For the Legal Experts: Legal professionals must be prepared to inform clients know and obey SB 751.

8. Future Outlook

SB 751 is one of the steps taken by Texas to address the problems associated with the use of deepfake technology in elections. The legislators can increase the number of laws to address new issues of consent and digital manipulation as technology evolves.