Committee adopts disclosure approach for AI‑generated political media in substitute; bill advances with carve‑outs for journalism and parody

The committee considered and reported a substitute bill that would require conspicuous disclosure when political media uses artificial intelligence to create or materially alter a candidate’s voice, image or actions in a way that a reasonable person could believe is real and that is designed to influence an election.

Key features of the substitute discussed in committee: - Definitions: The substitute includes definitions for “AI‑generated media” and for qualifying categories such as news media, journalism, parody and satire, and explains what constitutes a reasonable‑person deceptive standard. - Disclosure safe harbor: Content that includes a clear, conspicuous disclaimer (for example, text displayed on the media that states it does not represent a true recording or depiction of the candidate) would be permitted. - Remedies and penalties: The substitute provides an expedited civil injunctive remedy for election‑period dissemination and a civil infraction penalty for non‑intentional violations; it creates a misdemeanor penalty for actors who, within 90 days of an election, knowingly disseminate AI media with intent to injure a candidate or influence the result of an election. - Carve‑outs: The substitute expressly protects bona‑fide news reporting, journalism, and parody/satire from the disclosure requirement to avoid chilling coverage and protected speech.

Supporters including Progress Virginia and media‑industry representatives supported a disclosure requirement that would increase transparency around manipulated media. Multiple committee members and staff noted the need to align definitions with work under the Joint Commission on Technology or a Legislative Services drafting effort; one senator asked for continued technical review to ensure definitions are workable and avoid conflicts with federal law.

The committee adopted the substitute and reported the bill; recorded roll call in transcript shows abstentions on the final step in one excerpt, and senators said they would continue technical work in JCO/LSA before floor consideration.

Why it matters: The measure aims to preserve transparency in campaign information as realistic AI‑generated content grows more prevalent. The carve‑outs for journalism and parody were central to securing industry support and to protecting First Amendment‑protected content.

Speakers (key): Senator Survell (sponsor), Latwail Mathias (Progress Virginia), Rob Bohannon (Motion Picture Association).