Maryland HB 740: Election Law - Campaign Materials - Disclosure of Use of Synthetic Media

Bill Text

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0740*

HOUSE BILL 740
G1 5lr2924
HB 872/24 – W&M
By: Delegates Kaiser, Guyton, McComas, Palakovich Carr, Pena–Melnyk, Ruth,
Schindler, Taveras, Terrasa, Tomlinson, and Turner
Introduced and read first time: January 27, 2025
Assigned to: Ways and Means

A BILL ENTITLED

AN ACT concerning 1

Election Law – Campaign Materials – Disclosure of Use of Synthetic Media 2

FOR the purpose of requiring certain persons that publish, distribute, or disseminate, or 3
cause to be published, distributed, or disseminated, to another person in the State 4
certain campaign materials that use or contain synthetic media to include a certain 5
disclosure in a certain manner; and generally relating to disclosure of the use of 6
synthetic media in campaign materials. 7

BY adding to 8
Article – Election Law 9
Section 13–401.2 10
Annotated Code of Maryland 11
(2022 Replacement Volume and 2024 Supplement) 12

BY repealing and reenacting, with amendments, 13
Article – Election Law 14
Section 13–602 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2024 Supplement) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – Election Law 20

13–401.2. 21

(A) IN THIS SECTION, “SYNTHETIC MEDIA” MEANS AN IMAGE, AN AUDIO 22
RECORDING, OR A VIDEO RECORDING THAT HAS BEEN INTENTIONALLY 23

2 HOUSE BILL 740

MANIPULATED WITH THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE OR 1
OTHER DIGITAL TECHNOLOGY TO CREATE A REALISTIC BUT FALSE IMAGE, AUDIO 2
RECORDING, OR VIDEO RECORDING THAT: 3

(1) DEPICTS A REAL INDIVIDUAL, THE INDIVIDUAL’S SPEECH, OR THE 4
INDIVIDUAL’S CONDUCT; OR 5

(2) PRODUCES A FUNDAMENTALLY DIFFERENT UNDERSTANDING OR 6
IMPRESSION OF AN INDIVIDUAL’S APPEARANCE, SPEECH, OR CONDUCT THAN A 7
REASONABLE INDIVIDUAL WOULD HAVE FROM THE UNALTERED, ORIGINAL VERSION 8
OF THE IMAGE, AUDIO RECORDING, OR VIDEO RECORDING. 9

(B) THIS SECTION APPLIES TO A CANDIDATE, A CAMPAIGN FINANCE ENTITY, 10
A PERSON REQUIRED TO REGISTER UNDER § 13–306, § 13–307, OR § 13–309.2 OF 11
THIS TITLE, OR AN AGENT OF A CANDIDATE, CAMPAIGN FINANCE ENTITY, OR PERSON 12
REQUIRED TO REGISTER UNDER § 13–306, § 13–307, OR § 13–309.2 OF THIS TITLE. 13

(C) IN ADDITION TO THE REQUIREMENTS UNDER §§ 13–401 AND 13–403 OF 14
THIS SUBTITLE, A PERSON SUBJECT TO THIS SECTION THAT PUBLISHES, 15
DISTRIBUTES, OR DISSEMINATES, OR CAUSES TO BE PUBLISHED, DISTRIBUTED, OR 16
DISSEMINATED, TO A PERSON IN THE STATE CAMPAIGN MATERIAL THAT IS 17
PRODUCED USING OR CONTAINS SYNTHETIC MEDIA SHALL INCLUDE THE 18
DISCLOSURE REQUIRED UNDER SUBSECTION (D) OF THIS SECTION. 19

(D) (1) (I) FOR A STILL IMAGE, THE DISCLOSURE SHALL INCLUDE THE 20
STATEMENT “THIS IMAGE HAS BEEN ALTERED OR MODIFIED THROUGH THE USE OF 21
COMPUTER PROGRAMS TO DISPLAY AN EVENT OR IMAGE THAT DID NOT OCCUR.”. 22

(II) THE STATEMENT REQUIRED UNDER SUBPARAGRAPH (I) OF 23
THIS PARAGRAPH SHALL BE WRITTEN IN A TYPE SIZE THAT IS: 24

1. EASILY READABLE BY THE AVERAGE VIEWER; AND 25

2. NOT SMALLER THAN THE LARGEST TYPE SIZE OF 26
OTHER TEXT APPEARING ON THE STILL IMAGE. 27

(2) (I) FOR MEDIA THAT IS ONLY AN AUDIO RECORDING, THE 28
DISCLOSURE SHALL INCLUDE THE STATEMENT “THIS AUDIO HAS BEEN ALTERED OR 29
MODIFIED THROUGH THE USE OF COMPUTER PROGRAMS TO DISPLAY A SOUND THAT 30
DID NOT OCCUR.”. 31

(II) THE STATEMENT REQUIRED UNDER SUBPARAGRAPH (I) OF 32
THIS PARAGRAPH SHALL BE READ: 33

HOUSE BILL 740 3

1. IN A CLEARLY SPOKEN MANNER AT A PITCH AND 1
SPEED THAT CAN EASILY BE HEARD BY THE AVERAGE LISTENER; AND 2

2. A. AT THE BEGINNING OF THE AUDIO RECORDING; 3

B. AT THE END OF THE AUDIO RECORDING; AND 4

C. FOR AUDIO RECORDINGS OF 2 MINUTES DURATION OR 5
LONGER, INTERSPERSED THROUGHOUT AT INTERVALS OF NOT MORE THAN 2 6
MINUTES. 7

(3) (I) FOR A VIDEO RECORDING, THE DISCLOSURE SHALL 8
INCLUDE THE STATEMENT “THIS VIDEO HAS BEEN ALTERED OR MODIFIED 9
THROUGH THE USE OF COMPUTER PROGRAMS TO DISPLAY AN EVENT, A SOUND, OR 10
AN IMAGE THAT DID NOT OCCUR.”. 11

(II) THE STATEMENT REQUIRED UNDER SUBPARAGRAPH (I) OF 12
THIS PARAGRAPH SHALL BE WRITTEN IN: 13

1. TEXT THAT REMAINS VISIBLE TO THE VIEWER FOR 14
THE DURATION OF THE VIDEO RECORDING; AND 15

2. A TYPE SIZE THAT IS EASILY READABLE TO THE 16
AVERAGE VIEWER AND PLACED IN A CONSPICUOUS LOCATION IN THE FRAME OF THE 17
VIDEO. 18

13–602. 19

(a) (1) A person may not directly or indirectly give, offer, or promise money, 20
aid, a gift, an advantage, a preferment, an emolument, or any other valuable thing to 21
another person for the purpose of inducing or procuring that person to vote or refrain from 22
voting for or against: 23

(i) an individual, question, or measure at an election or political 24
convention; or 25

(ii) the election of an officer by the General Assembly. 26

(2) A person may not directly or indirectly receive, accept, request, or solicit 27
money, aid, a gift, an advantage, a