This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 9, 2024 at 12:21 PM by lpoole.
This document includes House Committee Amendments incorporated into the bill on Wed, Feb 21, 2024 at 11:56 AM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to disclosures and penalties associated with the use of
10 synthetic media and artificial intelligence.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ for an audio or visual communication intended to influence voting that contains
15 synthetic media, requires that the communication include specified disclosures
16 based on the type of synthetic media included;
17 ▸ imposes penalties for violations; and
18 ▸ allows a court or other sentencing body to consider the use of artificial intelligence
19 as an aggravating factor in sentencing.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 ENACTS:
26 20A-11-1104, Utah Code Annotated 1953
27 76-3-203.18 (Effective 07/01/24), Utah Code Annotated 1953
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29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 20A-11-1104 is enacted to read:
31 20A-11-1104. Disclosure of synthetic media.
32 (1) As used in this section:
33 (a) "Artificial intelligence" means a machine-based system that can, for a given set of
34 human-defined objectives, make predictions, recommendations, or decisions influencing real or
35 virtual environments.
35a Ĥ→ (b) (i)"Creator" means a person that uses artificial intelligence to generate synthetic
35b media.
35c (ii) "Creator" does not include a person that solely provides the technology used in the
35d creation of the synthetic media. ←Ĥ
36 Ĥ→ [
37 (i) Ŝ→ [
37a ←Ŝ history, and editing process; and
38 (ii) conforms to an open industry technical standard.
39 Ĥ→ [
39a that is
40 capable of creating content such as text, audio, image, or video based on patterns learned from
41 large volumes of data rather than being explicitly programmed with rules.
41a Ĥ→ (e) "Sponsor means a person that pays for the content that uses artificial intelligence to
41b generate synthetic media." ←Ĥ
42 Ĥ→ [
42a produced by
43 generative artificial intelligence.
44 Ĥ→ [
44a produced
45 by generative artificial intelligence.
46 (2) This section applies to an audio or visual communication that:
47 (a) is paid for by a candidate campaign committee, political action committee, political
48 issues committee, political party, or a person using a contribution;
49 (b) is intended to influence voting for or against a candidate or ballot proposition in an
50 election or primary in the state; and
51 (c) contains synthetic media.
52 (3) An audio communication described in Subsection (2) that contains synthetic audio☆
53 ☆media shall include audibly at the beginning and end of the communication the words,
54 "Contains content generated by AI."
55 (4) A visual communication described in Subsection (2) that contains synthetic media
56 shall display throughout the duration of each portion of the communication containing
57 synthetic media, in legible writing, the words:
58 (a) "This video content generated by AI," if the content is a video that includes
59 synthetic visual media but not synthetic audio media;
60 (b) "This image generated by AI," if the content is an image that includes synthetic
61 visual media but not synthetic audio media;
62 (c) "This audio content generated by AI," if the video includes synthetic audio media
63 but not synthetic visual media; or
64 (d) "This content generated by AI," if the communication includes both synthetic audio
65 media and synthetic visual media.
66 (5) In addition to the requirements in Subsections (3) and (4), a Ĥ→ [
66a sponsor ←Ĥ who publishes
67 an online digital audio or visual communication described in Subsection (2) that is viewable,
68 audible, or accessible in the state shall ensure the advertisement carries embedded Ŝ→ tamper-
68a evident ←Ŝ digital
69 content provenance that discloses:
70 (a) the initial author and creator of the content;
71 (b) any subsequent entities that edited, altered, or otherwise modified the content; and
72 (c) any use of generative artificial intelligence in generating or modifying the
73 substantive content.
74 (6) (a) In a civil action brought Ĥ→ against the creator or the sponsor of content that
74a includes synthetic media ←Ĥ by a person to enforce this section, the court may
75 impose a civil penalty not to exceed $1,000 against a person for each violation of this section
76 that the court finds a person has committed.
77 (b) Compliance with this section does not exempt a person from civil or criminal
78 liability for violations of other applicable law.
79 Section 2. Section 76-3-203.18 (Effective 07/01/24) is enacted to read:
80 76-3-203.18 (Effective 07/01/24). Use of artificial intelligence -- Aggravating
81 factor.
82 (1) As used in this section:
83 (a) "Artificial intelligence" means the same as that term is defined in Section
84 20A-11-1104.
85 (b) "Material assistance" means providing significant or essential support, information,
86 tools, or other means that facilitate planning, commission, or concealment of a criminal
87 offense.
88 (2) The sentencing judge or the Board of Pardons and Parole Ŝ→ [
88a as an
89 aggravating factor in their deliberations that the defendant committed or facilitated the criminal
90 offense with the intentional or knowing use and material assistance of an artificial intelligence
91 system.
92 (3) This section does not affect or restrict the exercise of judicial sentencing discretion
93 under any other provision of Utah law.
94 Section 3. Effective date.
95 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
96 (2) The actions affecting Section 76-3-203.18 (Effective 07/01/24) take effect on July
97 1, 2024.