HB 24-1147: Deepfake Disclosure Requirements for Elections

• Prohibits distribution of deepfakes depicting candidates for elective office within 60 days before primary elections or 90 days before general elections unless the person knows the depiction is false or acts with reckless disregard for falsity.

• Requires clear and conspicuous disclosure statements on deepfakes that must appear in comparable font size for visual content, be repeated at intervals for audio content, and include metadata with the disclosure, tool used, and creation date.

• Establishes civil penalties of at least $100 per violation for failure to disclose (or higher amounts based on distribution), and at least 10% of advertising spend for paid promotions that violate requirements.

• Creates a private right of action allowing affected candidates to seek injunctive relief, compensatory and punitive damages, attorney fees, and other remedies in district court, with plaintiffs required to prove violations by clear and convincing evidence.

• Exempts news organizations, satirical content, technology providers, social media platforms hosting third-party content, and broadcasters reporting on deepfakes with appropriate disclosure about authenticity questions; applies effective July 1, 2024.