Deep Fake / Synthetic Media

Synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or party or otherwise deceive a voter, and where one or both of the following applies: (a) The synthetic media appears to a reasonable person to depict a real individual saying or doing something that did not actually occur in reality; (b) The synthetic media provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.

Any video, motion-picture film, sound recording, electronic image, photograph, or technological representation of speech or conduct substantially produced by AI, machine learning, GANs, or other computer-generated means that is so realistic a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct.

The legislation defines a 'deep fake' as an audio or visual depiction that has been manipulated or created with generative adversarial network techniques. For such synthetic media to fall under the purview of the Act, it must appear to a reasonable person to depict a real individual saying or doing something that did not actually occur, and provide a fundamentally different understanding than an unaltered version.

Any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative thereof, that is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct, and the production of which was substantially dependent upon technical means, rather than the ability of another individual to physically or verbally impersonate such individual.