Mississippi SB 2423: Artificial intelligence; require disclosure when used in political advertisements.

Bill Text

S. B. No. 2423 *SS08/R779* ~ OFFICIAL ~ G1/2
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To: Elections; Technology
MISSISSIPPI LEGISLATURE REGULAR SESSION 2024

By: Senator(s) Blackmon

SENATE BILL NO. 2423

AN ACT TO AMEND SECTION 23-15-897, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE QUALIFIED POLITICAL ADVERTISEMENTS THAT UTILIZE 2
ARTIFICIAL INTELLIGENCE TO DISCLOSE THE USE OF ARTIFICIAL 3
INTELLIGENCE TO THE PUBLIC; TO DEFINE WHAT IS CONSIDERED A 4
QUALIFIED POLITICAL ADVERTISEMENT AND ARTIFICIAL INTELLIGENCE AS 5
USED IN THIS SECTION; TO CLARIFY WHAT INFORMATION MUST BE PRESENT 6
IN AN ADVERTISEMENT TO SATISFY THE DISCLOSURE REQUIREMENT; TO 7
SPECIFY WHO IS NOT LIABLE FOR THE FAILURE OF DISCLOSURE OF THE USE 8
OF ARTIFICIAL INTELLIGENCE; TO PROVIDE CIVIL PENALTIES FOR FAILING 9
TO DISCLOSE THE USE OF ARTIFICIAL INTELLIGENCE IN A QUALIFIED 10
POLITICAL ADVERTISEMENT; TO STATE WHERE AN AGGRIEVED PARTY OR THE 11
ATTORNEY GENERAL MAY BRING SUIT AGAINST A CANDIDATE, COMMITTEE OR 12
OTHER PERSON WHO FAILS TO DISCLOSE THE USE OF ARTIFICIAL 13
INTELLIGENCE IN A QUALIFIED POLITICAL ADVERTISEMENT; AND FOR 14
RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 23-15-897, Mississippi Code of 1972, is 17
amended as follows: 18
23-15-897. (1) The following words and phrases shall have 19
the meanings as defined in this section unless the context clearly 20
indicates otherwise: 21
(a) "Campaign materials" include any materials designed 22
to influence voters for or against any candidate, party or measure 23
to be voted on at any election, or containing information about 24

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any candidate, party or measure paid for by a candidate, political 25
committee or independent expenditure which requires disclosure 26
under campaign finance laws. 27
(b) "Publish" means the act or instance of making 28
campaign material available to the public, or to a list of 29
subscribers, by mail, telephone, electronic communications 30
platforms, internet, software applications, printed materials or 31
any other means of distribution. 32
(c) "Printed material" shall include, but not be 33
limited to, any notice, placard, bill, poster, dodger, pamphlet, 34
advertisement, sign or any other form of printed publication, 35
except notices, posters and the like, which simply announce a 36
speaking date and invite attendance thereon. 37
(d) "Qualified political advertisement" means any 38
advertisement, including, but not limited to, search engine 39
marketing, display advertisements, video advertisements, native 40
advertisements and sponsorships involving a candidate for federal, 41
state or local office in this state, any election to a federal 42
state or local office in this state or a ballot question that does 43
both of the following: 44
(i) Contains any image, audio or video that is 45
generated in whole or in part with the use of artificial 46
intelligence; and 47
(ii) Is made by or on behalf of a candidate, 48
committee or other person. 49

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(e) "Artificial Intelligence" or "AI" means any 50
artificial system that performs tasks under varying and 51
unpredictable circumstances, without significant human oversight, 52
can learn from experience and improve performance, or can generate 53
images, audio or videos that mimic the likeness of individuals in 54
a near or totally indistinguishable way. 55
(2) No candidate, political committee or other person shall 56
publish, or knowingly cause to be published, any campaign 57
materials unless it contains the following information: 58
(a) The name of the candidate along with a statement 59
that the message is approved by the candidate; or 60
(b) If the message has not been approved by a specific 61
candidate, the name of the person, political committee or 62
organization paying for the publication of the message; or 63
(c) If the message has not been approved by the 64
candidate and no person, political committee or organization is 65
identified as having paid for the publication, the entity 66
producing the campaign materials must be identified. 67
(3) Publication of campaign materials through an electronic 68
platform shall be deemed to comply with the requirements of this 69
section if the home page of the candidate or political committee 70
provides the information required by subsection (2), and each 71
electronic publication provides a link to that home page. 72
(4) A prerecorded telephone message that in express terms 73
advocates for the election or defeat of a clearly identified 74

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candidate, or the qualification, passage or defeat of a ballot 75
question, must bear an identification that contains the name of 76
the candidate and a statement that the message is approved by the 77
candidate, or the identification of the person, political 78
committee or