Committee advances disclosure bill for political 'deepfake' ads; legal counsel says civil, equitable and misdemeanor remedies available

The House State and Local Government Committee on Wednesday moved House Bill 1513 forward, a bill that would require clear disclosure when a political advertisement depicts an elected official or candidate saying or doing something they did not actually do.

Sponsor Speaker Zachary (introduced during the hearing) said the bill "requires anyone who creates an ad depicting an elected official or a candidate saying something audio or doing something on video that they did not do" to include a disclosure at the beginning and the end of the ad. "They have to put disclosure at the beginning of the ad and the end of the ad," the sponsor said.

Members pressed the sponsor on enforcement and remedies. Legal counsel Matt Mundy told the committee the bill provides a right of action for an impersonated or depicted candidate to seek damages and equitable relief, and it also includes misdemeanor provisions. "The court could order an injunction or restraining order against the person that put up the communication," Mundy said, and a violator who fails to comply with a court order could be held in contempt.

Committee members raised scenarios about who would be liable when a consultant or third party creates a deepfake and a campaign later circulates it; counsel said plaintiffs could name multiple parties (the producer and the publisher) in a civil suit. The sponsor acknowledged the bill largely focuses on disclosure and the private right of action in the statute rather than broader takedown mechanisms.

After questions and legal explanation, the committee voted to move HB 1513 to Calendar & Rules; the clerk reported the bill moves on with 22 ayes and 0 nos in the committee vote reporting for that item.