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ARTIFICIAL INTELLIGENCE IN POLITICAL

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ADVERTISING

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2024 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Ariel Defay

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Senate Sponsor: Todd D. Weiler

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8     LONG TITLE
9     General Description:
10          This bill addresses artificial intelligence and political advertising.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires a person who creates a political advertisement through the use of generative
15     artificial intelligence to include a specified disclaimer in the advertisement;
16          ▸     establishes a criminal penalty for a person who violates the requirement described
17     above;
18          ▸     clarifies that a person who violates other provisions related to political
19     advertisements is guilty of a class B misdemeanor; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          20A-11-901, as last amended by Laws of Utah 2022, Chapter 18
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 20A-11-901 is amended to read:
31          20A-11-901. Political advertisements -- Requirement that ads designate
32     responsibility and authorization -- Regulation on use of artificial intelligence -- Report to
33     lieutenant governor -- Unauthorized use of endorsements -- Penalty.
34          (1) [(a)] As used in this section:
35          (a) "Generative artificial intelligence" means a machine-based system that can, for a
36     given set of human-defined objectives, emulate the structures, patterns, and characteristics of
37     input data in order to generate derived synthetic content, including images, video, audio, text,
38     and other digital content.
39          (b) "Generative A.I. political advertisement" means an advertisement that contains
40     images, video, audio, text or other digital content created in whole or in part with the use of
41     generative artificial intelligence that:
42          (i) advocates for the nomination, election, or defeat of a candidate for public office;
43     and
44          (ii) depicts the candidate for public office or another individual performing an action
45     that did not actually occur.
46          (2) (a) [Whenever any] If a person makes an expenditure for the purpose of financing
47     an advertisement [expressly advocating] that expressly advocates for the election or defeat of a
48     clearly identified candidate, or solicits any contribution through any broadcasting station,
49     newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general
50     public political advertising, the advertisement:
51          (i) if paid for and authorized by a candidate or the candidate's campaign committee,
52     shall clearly state that the advertisement has been paid for by the candidate or the campaign
53     committee;
54          (ii) if paid for by another person but authorized by a candidate or the candidate's
55     campaign committee, shall clearly state who paid for the advertisement and that the candidate
56     or the campaign committee authorized the advertisement; or
57          (iii) if not authorized by a candidate or a candidate's campaign committee, shall clearly
58     state the name of the person who paid for the advertisement and state that the advertisement is
59     not authorized by any candidate or candidate's committee.
60          [(2)] (3) (a) A person that makes an expenditure for the purpose of financing an
61     advertisement related to a ballot proposition shall ensure that the advertisement complies with
62     Subsection [(2)(b)] (3)(b) if the advertisement expressly advocates:
63          (i) for placing a ballot proposition on the ballot;
64          (ii) for keeping a ballot proposition off the ballot;
65          (iii) that a voter refrain from voting on a ballot proposition; or
66          (iv) that a voter vote for or against a ballot proposition.
67          (b) An advertisement described in Subsection [(2)(a)] (3)(a) shall:
68          (i) if paid for by a political issues committee, clearly state that the advertisement was
69     paid for by the political issues committee;
70          (ii) if paid for by another person but authorized by a political issues committee, clearly
71     state who paid for the advertisement and that the political issues committee authorized the
72     advertisement; or
73          (iii) if not authorized by a political issues committee, clearly state the name of the
74     person who paid for the advertisement and state that the advertisement is not authorized by any
75     political issues committee.
76          [(3)] (4) If a person makes an expenditure for the purpose of financing a generative A.I.
77     political advertisement, the generative A.I. political advertisement shall prominently state the
78     following disclaimer: "Created in whole or in part with the use of generative artificial
79     intelligence (A.I.).".
80          (5) The requirements of Subsections [(1) and (2)] (2) and (3) do not apply to:
81          (a) lawn signs with dimensions of four by eight feet or smaller;
82          (b) bumper stickers;
83          (c) campaign pins, buttons, and pens; or
84          (d) similar small items upon which the disclaimer cannot be conveniently printed.
85          [(4)] (6) (a) A person who is not a reporting entity and pays for an electioneering
86     communication shall file a report with the lieutenant governor within 24 hours of making the
87     payment or entering into a contract to make the payment.
88          (b) The report shall include:
89          (i) the name and address of the person described in Subsection [(4)(a)] (6)(a);
90          (ii) the name and address of each person contributing at least $100 to the person
91     described in Subsection [(4)(a)] (6)(a) for the purpose of disseminating the electioneering
92     communication;
93          (iii) the amount spent on the electioneering communication;
94          (iv) the name of the identified referenced candidate; [and]
95          (v) the medium used to disseminate the electioneering communication[.]; and
96          (vi) if the electioneering communication is a generative A.I. political advertisement, a
97     statement that the electioneering communication is a generative A.I. political advertisement.
98          [(5)] (7) A person may not, in order to promote the success of any candidate for
99     nomination or election to any public office, or in connection with any question submitted to the
100     voters, include or cause to be included the name of any person as endorser or supporter in any
101     political advertisement, circular, poster, or publication without the express consent of that
102     person.
103          [(6)] (8) (a) It is unlawful for a person to pay the owner, editor, publisher, or agent of
104     any newspaper or other periodical to induce the owner, editor, publisher, or agent to advocate
105     or oppose editorially any candidate for nomination or election.
106          (b) It is unlawful for any owner, editor, publisher, or agent to accept any payment to
107     advocate or oppose editorially any candidate for nomination or election.
108          (9) A person who violates this section is guilty of a class B misdemeanor.
109          Section 2. Effective date.
110          This bill takes effect on May 1, 2024.