Alana discusses S 23 deepfake legislation and its bipartisan support across states

In a recent Vermont government meeting, legislators gathered to discuss the implications of proposed legislation, specifically focusing on House Bill S 23, which addresses the growing concern of deepfake technology in political contexts. The atmosphere was charged with anticipation as experts shared insights from their experiences working with similar laws across more than 40 states.

The primary focus of the discussion was on the bill's framework, which aims to regulate the distribution of unlabeled deepfakes. Unlike outright bans seen in some earlier legislation, S 23 emphasizes disclosure requirements, a move designed to navigate potential First Amendment issues. This approach aligns with trends in other states, where approximately two-thirds have adopted similar definitions and regulations.

Key provisions of S 23 include clear standards for disclosure, ensuring that any deepfake content is labeled prominently. However, a suggestion was made to adjust the language regarding font size to prevent situations where disclosures could obscure the content itself. This minor tweak aims to enhance readability and effectiveness.

The bill also establishes a 90-day window for addressing deepfakes intended to influence elections, a timeframe that reflects a balance between urgency and constitutional rights. Notably, S 23 only targets individuals who knowingly circulate deepfakes with the intent to deceive voters, protecting those who may inadvertently share misleading content.

In addition to these measures, the legislation provides avenues for affected parties to seek injunctive relief, allowing for swift action against harmful misinformation. Broadcasters and platforms are granted exemptions when they present deepfakes as part of bona fide news coverage, provided they clearly label the content as such. This aligns with practices seen in many states, fostering a responsible approach to media dissemination.

As the discussion unfolded, it became clear that there is a strong bipartisan consensus on the need for such legislation, with 25 states already having passed similar laws and many more in the pipeline. The meeting concluded with a sense of urgency and commitment to refining the bill, ensuring it effectively addresses the challenges posed by deepfake technology while safeguarding free speech.

The implications of S 23 extend beyond Vermont, as the conversation reflects a national trend towards regulating digital misinformation in an increasingly complex media landscape. As states continue to grapple with the realities of deepfakes, Vermont's legislative efforts may serve as a model for others navigating this uncharted territory.