SB 484 — Relating to disclosures and penalties associated with use of synthetic media and artificial intelligence

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 484 By Senators WoodrumWoodrum, Oliverio, and OliverioDeeds [Introduced[Reported February 14,27, 2025;2025, from the Committee on the Judiciary] CS for SB 484 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §3-8-12a, relating to disclosures and penalties associated with the use of synthetic media and artificial intelligence.

referred to the Committee on the Judiciary] Intr SB 484 2025R3048 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §3-8-12a, relating to disclosures and penalties associated with the use of synthetic media and artificial intelligence.

(1) "Artificial Intelligence"intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.

(2) "Candidate" means an individual as defined in §3-8-1a(4).§3-8-1a(4) of this code.

The term does not include a broadcaster, cable provider, digital newspaper, online service, Internetinternet service provider, streaming platform, provider, or developer of any technology in the generation of media by artificial intelligence, or any employee, representative, or agent thereof, solely for the distribution of a creator, sponsor, or purchaser's political advertising, material, or media.

1CS Intrfor SB 484 2025R3048 (6) "Person" means an individual, corporation, partnership, committee, association, and any other organization or group of individuals.

(8) "Synthetic media" means an image, audio recordingrecording, or video recording of an individual’s appearance, speechspeech, or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording or video recording that produces:

(A) A depiction that a reasonable person would believe is of a real individual in appearance, speechspeech, or conduct but that did not actually occur in reality;

and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recordingrecording, or video recording.

(b) Except as provided in subsection (c),(c) of this section, a person shall not distribute, or enter into an agreement with another person to distribute, synthetic media if all of the following apply:

(1) The person knows or has reasonable cause to know the media falsely represents a depicted individual;

(c) The prohibition in subsection (b) of this section does not apply to synthetic media that includes a clear and conspicuous disclaimer stating that the synthetic media has been manipulated by technical means and depicts speech or conduct that did not occur.

2 CS for SB 484 (1) In a visual communication that contains synthetic media, the text of the disclaimer statement appears in a font size no smaller than the largest font size of other text appearing in the 2 Intr SB 484 2025R3048 visual communication.

and (5) The communication complies with any additional requirements for the disclaimer statement that the secretarySecretary of stateState may adopt by rule to ensure that the disclaimer statement is presented in a clear and conspicuous and understandable manner.

Sec.§ 230, as amended, and shall otherwise be construed in a manner consistent with federal law;

230,(2) asThis amended,section anddoes shallnot otherwiseapply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer that broadcasts a communication that includes synthetic media prohibited by construedsubsection (b) of this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, 3 CS for SB 484 if the broadcast or publication clearly acknowledges through content or a disclosure, in a manner consistentthat withcan federalbe law;easily heard and understood or read by the average listener or viewer, that there are questions about the authenticity of the synthetic media in the communication;

(2) This section does not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer that broadcasts a communication that includes synthetic media prohibited by subsection (b) of this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast or publication clearly acknowledges through content or a disclosure, in a manner 3 Intr SB 484 2025R3048 that can be easily heard and understood or read by the average listener or viewer, that there are questions about the authenticity of the synthetic media in the communication;

(f) Any person who believes that a violation of this section concerning the use of synthetic media in a communication concerning a candidate for elective office has occurred may file a written complaint with the state election commission in accordance with §3-8-8.§3-8-8 of this code.

(g) In a civil action brought against the creator or the sponsor of content that includes synthetic media by a person to enforce this section, the court may impose a civil penalty not to 4 CS for SB 484 exceed $1,000 against a person for each violation of this section that the court finds a person has committed.

4 Intr SB 484 2025R3048 (h) Compliance with this section does not exempt a person from civil or criminal liability for violations of other applicable law.

NOTE:of this code.

The purpose of this bill is to prohibit the use of synthetic media and artificial intelligence to influence an election.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.