USA: MARYLAND SB 361

1. Overview

Maryland State introduced Senate Bill 361 (SB 361) in January 2025 with the name “Election Law – Influence on a Voter’s Voting Decision By Use of Fraud – Prohibition.” The aim of the bill is to outlaw the use of deepfakes and other forms of synthetic media in an effort to influence voters’ choices.

2. Legal Scope

The application of artificial media in election communications is the particular interest of SB 361. It prohibits the generation and distribution of artificial intelligence (AI)-based content with the intention of deceiving voters. Creation and sharing of such material are under the purview of the law.

3. Significant clauses

SB 361 specifically prohibits “the use of synthetic media” as fraud and prohibits “a person from using fraud to influence or attempt to influence a voter’s voting decision.” Consent Requirements: Neither consent nor necessary labelling for synthetic media are discussed in the law. Platform Responsibilities: SB 361 places no specific responsibilities on social media platforms or websites regarding removing deepfake content.

4. Fines and  Enforcement 

Under Maryland election law, violating SB 361 is a fraud offense and is punished equally as election fraud. State agencies responsible for monitoring election laws would police enforcement.

5. Prominent Precedents or Cases

There have not been any reported cases challenging SB 361 in court yet. Nonetheless, comparable legislation in other states has been legally challenged on First Amendment bases.

6. Review in International Context

Maryland SB 361 is part of a global trend in the United States to regulate deepfakes in political speech. SB 361 prohibits the exploitation of deepfakes for voter manipulation without exception for satire or parody, unlike some other international approaches, like the EU’s AI Act, which prioritize transparency and labelling.

7. Helpful Effects

SB 361 upholds public trust, transparency, and prevention of fraud are paramount.

Maryland campaign organizations, in the use of synthetic media in election messages, political candidates, and content creators must tread carefully. 

8. Future Outlook

SB 361 is being considered by the Maryland Senate Education, Energy, and the Environment Committee.