Lawmakers hear expert testimony on S.23, bill on synthetic media in elections

Representatives on the House Government Operations & Military Affairs committee heard expert testimony April 16 on S.23, an act relating to the use of synthetic media in elections, as witnesses described state approaches to regulating deepfakes and raised First Amendment concerns.

The National Conference of State Legislatures’ Adam Cook Hook and Wendy Underhill told the committee that 23 states have enacted laws addressing synthetic media in elections and that the laws vary widely in scope and enforcement. "When we are referring to deepfakes today, we are talking about computer programs that create images, audio or videos," said Adam Cook Hook, a member of NCSL’s Elections and Redistricting team. He noted examples of tools such as MidJourney, Sora and Adobe Firefly.

Why this matters: committee members said they want a clearer picture of what S.23 would require and how enforcement would work if the state adopts disclosure or prohibition rules. Lawmakers and witnesses repeatedly flagged tensions between efforts to prevent deception and the constitutional protections that govern political speech.

Hook summarized how states have divided approaches: two states (Minnesota and Texas)…