Panel moves bill requiring disclosure when campaigns use synthetic media
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Summary
The subcommittee recommended HB 868 in concept after testimony from sponsors, civic groups and opponents; the bill would require disclosure on AI-generated or materially altered campaign media distributed within 60 days of an election and would impose civil penalties or criminal sanctions for willful violations.
Delegate Cousins told the subcommittee HB 868 would require disclosure when synthetic media—artificially generated or intentionally altered images or audio that would lead a reasonable person to believe content is real—is used in paid campaign material within 60 days of an election. The bill exempts satire and parody and includes protections shielding media outlets and online platforms from liability for hosting noncompliant ads. Penalties for noncompliance could include civil fines up to $25,000 or a class 1 misdemeanor for willful violations, as the sponsor described.
Supporters including the League of Women Voters, Big Money Out and other civic organizations argued the bill is necessary to preserve accurate information for voters in an environment where altered content can go viral. Opponents including the Humanization Project and Americans for Prosperity raised constitutional concerns and warned the statute could be used to investigate or expose donors to small nonprofits; one witness said unpaid organic posts on free platforms could circumvent the rule if no payment for production was made.
The committee recommended reporting HB 868 in concept by an 8–2 vote and told the sponsor there is time before Friday to refine language.