Pennsylvania HB 811: An Act providing for civil liability for fraudulent misrepresentation of candidates; and imposing penalties.

Bill Text

PRIOR PRINTER'S NO. 841 PRINTER'S NO. 1819
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 811
Session of
2025
INTRODUCED BY KHAN, SHAFFER, GREEN, MERSKI, PIELLI, HILL-EVANS,
DONAHUE, FREEMAN, PROBST, FLEMING, CIRESI, KINKEAD, OTTEN,
KENYATTA, CERRATO, CEPEDA-FREYTIZ, SANCHEZ, HARKINS,
BOROWSKI, D. WILLIAMS, HOHENSTEIN, SHUSTERMAN, STEELE,
WEBSTER, WARREN, DALEY, O'MARA AND INGLIS, MARCH 5, 2025
AS REPORTED FROM COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 3, 2025
AN ACT
Providing for civil liability for fraudulent misrepresentation
of candidates; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fraudulent
Misrepresentation of a Candidate Prevention Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Artificial intelligence." As follows:
(1) A machine-based system that can, for a given set of
human-defined objectives, make predictions, recommendations
or decisions influencing real or virtual environments,
including the ability to:
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(i) perceive real and virtual environments;
(ii) abstract perceptions made under subparagraph
(i) into models through analysis in an automated manner;
and
(iii) use model inference to formulate options for
information or action based on outcomes under
subparagraphs (i) and (ii).
(2) The term includes generative artificial
intelligence.
"Campaign advertisement." A public advertisement for the
purposes of influencing public opinion with respect to
legislative, administrative or electoral matters utilizing a
medium that includes mailings, emails, telephone calls, radio,
television, billboards, yard signs or other electronic media.
"Candidate." As defined in section 102(a) of the
Pennsylvania Election Code, including a candidate for President
of the United States. The term includes a current or former
candidate.
"Covered person." Any of the following:
(1) A candidate.
(2) A firm, partnership, corporation, limited liability
company, association, organization or similar entity.
(3) A political committee, including a political action
committee, a political party or a political body.
(4) A political action committee that only receives
contributions to make independent expenditures.
(5) A foreign government, including any agency or
instrumentality thereof.
(6) An employee, contractor or individual acting at the
behest of an entity specified under paragraph (1), (2), (3),
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(4) or (5) or an officer, director, employee, owner,
shareholder or contractor thereof.
"DEEPFAKE." ANY VIDEO RECORDING, MOTION-PICTURE FILM, SOUND
RECORDING, ELECTRONIC IMAGE OR PHOTOGRAPH OR ANY TECHNOLOGICAL
REPRESENTATION OF SPEECH OR CONDUCT SUBSTANTIALLY DERIVATIVE
THEREOF:
(1) THAT IS SO REALISTIC THAT A REASONABLE PERSON WOULD
BELIEVE IT DEPICTS SPEECH OR CONDUCT OF AN INDIVIDUAL WHO DID
NOT IN FACT ENGAGE IN THE SPEECH OR CONDUCT; AND
(2) THE PRODUCTION OF WHICH WAS SUBSTANTIALLY DEPENDENT
UPON TECHNICAL MEANS RATHER THAN THE ABILITY OF ANOTHER
INDIVIDUAL TO PHYSICALLY OR VERBALLY IMPERSONATE THE
INDIVIDUAL.
"DIGITAL CONTENT PROVENANCE." FACTUAL INFORMATION THAT
DETAILS A DIGITAL RESOURCE'S CREATOR, ORIGIN, CONTEXT, HISTORY
AND EDITING PROCESS AND CONFORMS TO AN OPEN INDUSTRY TECHNICAL
STANDARD.
"Disseminate." To produce, publish, distribute, broadcast,
publicize, display, transmit or otherwise publicly share.
"Election." As defined in section 102(f) of the Pennsylvania
Election Code.
"Generative artificial intelligence." The class of models
that emulate the structure and characteristics of input data in
order to generate derived synthetic content.
"INTERACTIVE COMPUTER SERVICE." ANY INFORMATION
SERVICE, SYSTEM OR ACCESS SOFTWARE PROVIDER THAT PROVIDES OR
ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A COMPUTER SERVER,
INCLUDING SPECIFICALLY A SERVICE OR SYSTEM THAT PROVIDES ACCESS
TO THE INTERNET AND SUCH SYSTEMS OPERATED OR SERVICES OFFERED BY
LIBRARIES OR EDUCATIONAL INSTITUTIONS.
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"Pennsylvania Election Code." The act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code.
"Public office." As defined in section 102(s) of the
Pennsylvania Election Code.
"Synthetic content." Information such as images, videos,
audio clips and text that have been significantly modified or
generated by algorithms, including artificial intelligence.
Section 3. Civil liability for fraudulent misrepresentation of
candidates.
(a) Liability.--A covered person shall be liable for
fraudulent misrepresentation of a candidate if, within 90 days
before an