HB5321 Summary

• Amends the Consumer Fraud and Deceptive Business Practices Act to require generative AI systems producing image, video, audio, or multimedia content to include clear and conspicuous disclosures identifying the content as AI-generated.

• Requires AI-generated content disclosures to meet specific criteria including matching the medium of presentation, being easily noticeable, non-avoidable, understandable, and not contradicted by surrounding communications.

• Mandates metadata information include identification of content as AI-generated, the tool used to create it, and the date and time of creation, with disclosures being permanent or difficult to remove when technically feasible.

• Requires AI systems producing text content, including chatbots, to include clear and conspicuous disclosures identifying content as AI-generated that are permanent or difficult to remove.

• Obligates developers and third-party licensees of generative AI systems to implement reasonable procedures preventing downstream use without required disclosures, with violations constituting unlawful practices.