Vermont S. 23: An act relating to juvenile jurisdiction

Bill Text

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VT LEG #387741 v.1
No. 75. An act relating to the use of synthetic media in elections.
(S.23)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 17 V.S.A. chapter 35, subchapter 4 is added to read:
Subchapter 4. Use of Synthetic Media in Elections
§ 2031. DEFINITIONS
As used in this subchapter:
(1) “Deceptive and fraudulent synthetic media” means synthetic media
that appears to a reasonable person to be a realistic representation of:
(A) a political candidate that injures the reputation of a political
candidate; or
(B) an individual that attempts to unduly influence the outcome of an
election, including a public question, by providing materially false information
to voters.
(2) “Synthetic media” means an image, an audio recording, or a video
recording of an individual’s appearance, speech, or conduct that has been
created or intentionally manipulated with the use of digital technology,
including artificial intelligence.
§ 2032. DISCLOSURE OF DECEPTIVE AND FRAUDULENT
SYNTHETIC MEDIA
(a) Disclosure. A person shall not, within 90 days before an election in
Vermont, publish, communicate, or otherwise distribute synthetic media that

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the person knows is deceptive and fraudulent synthetic media unless the person
includes a disclosure in the synthetic media stating: “This media has been
manipulated or generated by digital technology and depicts speech or conduct
that did not occur.”
(1) For deceptive and fraudulent synthetic media consisting of images
and video recordings, the text of the disclosure shall appear in a size that is
easily readable by the average viewer and inclusive to the greatest extent
possible of individuals with disabilities. For video recordings, the disclosure
shall appear for the full duration of the video recording.
(2) For deceptive and fraudulent synthetic media consisting of audio
recordings only, the disclosure shall be read in a clearly spoken manner and in
a pitch and pace that can be easily heard by the average listener and inclusive
to the greatest extent possible of individuals with disabilities, at the beginning
of the audio recording, at the end of the audio recording, and, if the audio is
greater than two minutes in length, interspersed within the audio recording at
intervals of not greater than two minutes each.
(b) Exceptions. Subsection (a) of this section shall not apply to:
(1) a radio or television broadcasting station, including a cable or
satellite television operator, programmer, or producer, or to a website,
streaming platform, or mobile application, that:
(A) broadcasts deceptive and fraudulent synthetic media as part of a
bona fide newscast, news interview, news documentary, commentary of

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general interest, or on-the-spot coverage of bona fide news events, provided
the broadcast clearly acknowledges through content or a disclosure, in a
manner that can be easily heard or read by the average listener or viewer, that
there are questions about the authenticity of the deceptive and fraudulent
synthetic media;
(B) is paid to broadcast deceptive and fraudulent synthetic media; or
(C) is required by federal law to broadcast advertisements from
legally qualified candidates;
(2) a website or a regularly published newspaper, magazine, or other
periodical of general circulation, including an internet or electronic
publication, that routinely carries news and commentary of general interest,
and that publishes deceptive and fraudulent synthetic media, if the publication
clearly states that the deceptive and fraudulent synthetic media does not
accurately represent the speech or conduct of the represented individual;
(3) a person that produces or distributes deceptive and fraudulent
synthetic media constituting satire or parody;
(4) a provider of a telecommunications service or information service, as
those terms are defined in the Communications Act of 1934, 47 U.S.C. § 153,
for content provided by another person; or
(5) a provider of an interactive computer service, as defined in 47
U.S.C. § 230, for content provided by another person.

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§ 2033. PENALTIES
(a) A person that knowingly and intentionally violates a provision of this
subchapter shall be fined not more than $1,000.00, unless:
(1) the person commits the violation with the intent to cause violence or
bodily harm, in which case the fine shall be not more than $5,000.00;
(2) the person commits the violation within five years after one or more
prior violations under this section, in which case the fine shall be not more than
$10,000.00; or
(3) the person commits the violation with the intent to cause violence or
bodily harm and the person commits the violation within five years after one or
more prior violations under this section, in which case the fine shall be not
more than $15,000.00.
(b) A candidate whose appearance, speech, conduct, or en