HB 4963 — Prohibiting the use of deep fake technology to influence an election

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 4963 By Delegates Holstein, Linville, Young, Chiarelli, WillisWillis, and Hillenbrand [Introduced[Originating Januaryin 22,the 2024;Committee on the Judiciary;

ReferredReported to the Committee on TechnologyFebruary and22, Infrastructure2024] thenCS thefor JudiciaryHB Intr4963 SB 2024R2770 A BILL to amend the Code of West Virginia, 1931, by adding thereto a new article, designated §61- 3D-1,3F-1, §61-3D-2,§61-3F-2, §61-3D-3,§61-3F-3, §61-3F-4, and §61-3D-4§61-3F-5, all relating to prohibiting thecertain useuses of deep fake technologytechnology; to influence an election;

prohibiting the use of deep fake technology to influence an election;

providing exceptions and exemptions;

ARTICLECHAPTER 3D.61.

CRIMES AND THEIR PUNISHMENT.

ARTICLE 3F.

§61-3D-1.§61-3F-1.

§61-3D-2.§61-3F-2.

A person who disseminates a deep fake or enters into a contract or other agreement to disseminate a deep fake is guilty of a crime and may be sentenced as provided in §61-3D-3§61-3F-3 of this 1 CS for HB 4963 code if the person knows or reasonably should know that the item being disseminated is a deep fake and dissemination:

Intr SB 2024R2770 (b) Is made without the consent of the depicted individual;

and (c) Is made with the intent to injure a candidate or influence the result of an election.election:

§61-3D-3.Provided, That a media outlet, including but not limited to, a website, social media platform, regularly published newspaper, magazine, or other periodical, including electronic or internet publication of the same, a radio or television station, including a cable or satellite television operator, programmer, or producer, or any streaming service, is not in violation of this section if the entity’s only role was to distribute a political advertisement prohibited by this section.

§61-3F-3.

Exemptions.

This section does not apply to:

(a) A website, radio or broadcast television station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast materially deceptive audio or visual media;

(b) A provider of an interactive computer service as defined in 47 U.S.C.

§ 230(f);

or (c) Content that constitutes satire or parody:

Provided, That such content include a disclaimer stating that the image, video, or audio has been manipulated or generated by artificial intelligence.

§61-3F-4.

A person convicted of violating §61-3D-2§61-3F-2 of this code may be sentenced as follows:

2 CS for HB 4963 (b) If the person commits the violation with the intent to cause violence or bodily harm, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both fined and confined;

§61-3D-4.§61-3F-5.