HB868 — Political campaign advertisements; synthetic media, penalty.

Summary

Political campaign advertisements; synthetic media, penalty.

Bill Text

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 7 section(s) of the Code of Virginia: 8.01-261, 19.2-249.2, 24.2-955, 24.2-955.1, 24.2-955.3, 24.2-960.

• 8.01-261

  of this section

  Strikes “of this section”.

• 8.01-261

  of this title

  Strikes “of this title”.

• 8.01-261

  21. In an action for preventative relief for a violation of § 24.2-961, the circuit court of the locality where venue would be proper pursuant to § 19.2-249.2.

  Inserts “21. In an action for preventative relief for a violation of § 24.2-961, the circuit court of the locality where venue would be proper pursuant to § 19.2-249.2.”.

• 19.2-249.2

  or 24.2-961

  Inserts “or 24.2-961”.

• 24.2-955

  or electioneering communication

  Inserts “or electioneering communication”.

• 24.2-955.1

  "Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within

  Inserts “"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within”.

• 24.2-955.1

  6

  Inserts “6”.

• 24.2-955.1

  0 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided

  Inserts “0 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided”.

• 24.2-955.1

  that such communication does not expressly advocate for or against a candidate for office in the Commonwealth

  Inserts “that such communication does not expressly advocate for or against a candidate for office in the Commonwealth”.

• 24.2-955.1

  .

  Inserts “.”.

• 24.2-955.1

  or electioneering communication

  Inserts “or electioneering communication”.

• 24.2-955.1

  or electioneering communication

  Inserts “or electioneering communication”.

• 24.2-955.3

  Any sponsor violating Article 7 (§ 24.2-961) shall be subject to a civil penalty not to exceed $25,000. In the case of a willful violation, he is guilty of a Class 1 misdemeanor. In no event shall the total civil penalties imposed for multiple broadcasts of one particular

  Inserts “Any sponsor violating Article 7 (§ 24.2-961) shall be subject to a civil penalty not to exceed $25,000. In the case of a willful violation, he is guilty of a Class 1 misdemeanor. In no event shall the total civil penalties imposed for multiple broadcasts of one particular”.

• 24.2-955.3

  electioneering communication

  Inserts “electioneering communication”.

• 24.2-955.3

  exceed $25,000.

  Inserts “exceed $25,000.”.

• 24.2-955.3

  E.

  Inserts “E.”.

• 24.2-955.3

  E.

  Strikes “E.”.

• 24.2-955.3

  F.

  Inserts “F.”.

• 24.2-955.3

  F.

  Strikes “F.”.

• 24.2-955.3

  G.

  Inserts “G.”.

• 24.2-960

  or electioneering communication

  Inserts “or electioneering communication”.

• 24.2-960

  or electioneering communication

  Inserts “or electioneering communication”.

• 24.2-960

  or electioneering communications

  Inserts “or electioneering communications”.

• 24.2-960

  or electioneering communications

  Inserts “or electioneering communications”.

• 24.2-961.

  A.

  Inserts “A.”.

• 24.2-961.

  As used in this section, "synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio

  Inserts “As used in this section, "synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio”.

• 24.2-961.

  than such person

  Inserts “than such person”.

• 24.2-961.

  would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio

  Inserts “would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio”.

• 24.2-961.

  that

  Inserts “that”.

• 24.2-961.

  are not composed from a discernable original source image or audio recording of real events of an identifiable individual's appearance, conduct, or speech that

  Inserts “are not composed from a discernable original source image or audio recording of real events of an identifiable individual's appearance, conduct, or speech that”.

• 24.2-961.

  would cause a reasonable person to mistakenly believe that the artificially generated image or audio is a

  Inserts “would cause a reasonable person to mistakenly believe that the artificially generated image or audio is a”.

• 24.2-961.

  recording of a real event.

  Inserts “recording of a real event.”.

• 24.2-961.

  B. It is unlawful for any committee organized under Chapter 9.3 (§ 24.2-945 et seq.) or any person to sponsor an electioneering communication that contains synthetic media unless all of the following conditions are met:

  Inserts “B. It is unlawful for any committee organized under Chapter 9.3 (§ 24.2-945 et seq.) or any person to sponsor an electioneering communication that contains synthetic media unless all of the following conditions are met:”.

• 24.2-961.

  1. The electioneering communication also bears the legend or includes the statement: "This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur."

  Inserts “1. The electioneering communication also bears the legend or includes the statement: "This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur."”.

• 24.2-961.

  2. The disclosure statement is communicated in a conspicuous manner. If the electioneering communication contains visual media, the statement shall be displayed in a font size proportionate to the size of the advertisement. The State Board shall promulgate standards for meeting the requirements of this subdivision.

  Inserts “2. The disclosure statement is communicated in a conspicuous manner. If the electioneering communication contains visual media, the statement shall be displayed in a font size proportionate to the size of the advertisement. The State Board shall promulgate standards for meeting the requirements of this subdivision.”.

• 24.2-961.

  3. Any print media electioneering communication appearing in electronic format displays the disclosure statement in a minimum font size of seven points.

  Inserts “3. Any print media electioneering communication appearing in electronic format displays the disclosure statement in a minimum font size of seven points.”.

• 24.2-961.

  4. If the

  Inserts “4. If the”.

• 24.2-961.

  electioneering communication is in a video or audio format, the sponsor shall place the disclosure statement required by this section at the beginning of the electioneering communication; however, if the duration of the electioneering communication is more than five minutes, the disclosure statement shall be made both at the beginning and end of the electioneering communication

  Inserts “electioneering communication is in a video or audio format, the sponsor shall place the disclosure statement required by this section at the beginning of the electioneering communication; however, if the duration of the electioneering communication is more than five minutes, the disclosure statement shall be made both at the beginning and end of the electioneering communication”.

• 24.2-961.

  .

  Inserts “.”.

• 24.2-961.

  C.

  Inserts “C.”.

Action History

1. February 06, 2026

   H Continued to next session in Privileges and Elections (Voice Vote)

2. February 05, 2026

   H Placed on Privileges and Elections Agenda

3. February 03, 2026

   H Subcommittee recommends reporting (6-Y 2-N)

4. January 30, 2026

   H Placed on Privileges and Elections Agenda

5. January 28, 2026

   H Fiscal Impact Statement from Department of Planning and Budget (HB868)

6. January 26, 2026

   H Placed on Privileges and Elections Agenda

7. January 25, 2026

   H Assigned HPE sub: Campaigns and Candidates

8. January 13, 2026

   H Referred to Committee on Privileges and Elections

9. January 13, 2026

   H Prefiled and ordered printed; Offered 01-14-2026 26103803D

Sponsors

• Rae Cousins · Primary

Votes

Subjects