Compliance

Fabricated media

Materially inaccurate or artificially generated audio/visual media altered or created without consent.

How the laws define this

Both sources establish a shared core defining fabricated media across three distinct categories of audio or visual content: non-consensually altered recordings that convey a materially inaccurate depiction that a reasonable person would not recognize as altered, non-consensual artificially generated imitations of identifiable individuals that are indistinguishable to a reasonable person, and synthetic media depicting non-identifiable, artificially generated persons. Despite this alignment, key distinctions exist between the two formulations. Indiana House Enrolled Act 1133 explicitly narrows altered recordings to an individual's speech, appearance, or conduct, and requires generated imitations to be used to convey a fictional depiction. By contrast, House Enrolled Act 1133 / HB 1133 highlights the broader material-inaccuracy and reasonable-person standard designed to capture deepfakes and other AI-generated or edited media, omitting the explicit requirement that an imitation must convey a fictional depiction.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
Indiana, United StatesUse of Digitally Altered Media in Elections (Indiana Public Law 81)In ForceIncludes depictions of artificially generated synthetic persons who are non-identifiable, unlike the other definition which specifies non-recognizable appearances.
Indiana, United StatesIndiana House Enrolled Act 1133 - Use of Digitally Altered Media in ElectionsIn ForceRequires alterations or imitations to convey fictional depictions and limits synthetic persons to those with non-recognizable appearance or speech.

What it triggers

  • In Indiana, under Indiana Public Law 81, it mandates disclaimers on campaign communications using such media.source
  • In Indiana, under Indiana House Enrolled Act 1133, it mandates clear disclaimers on campaign communications using such media.source
  • In Indiana, under Indiana Public Law 81, it creates a civil cause of action allowing candidates to sue creators and disseminators.source
  • In Indiana, under Indiana House Enrolled Act 1133, it allows depicted candidates to bring civil actions.source

Definitions (2)

Audio or visual recordings that (1) have been altered without the individual's consent so as to convey a materially inaccurate depiction a reasonable person would not recognize as altered; (2) are artificially generated imitations of an identifiable individual created without consent and sufficiently lifelike to be indistinguishable to a reasonable person; or (3) depict an artificially generated (non‑identifiable) synthetic person. The definition uses a material‑inaccuracy and reasonable‑person standard to capture deepfakes and other AI‑generated or edited media.

Defined as: (1) An audio or visual recording of an individual's speech, appearance, or conduct that has been altered without the individual's consent such that it conveys a materially inaccurate depiction and a reasonable person would be unable to recognize the alteration; (2) An artificially generated audio or visual imitation of an individual created without consent, sufficiently lifelike to be indistinguishable from the individual, and used to convey a fictional depiction; or (3) Audio or visual media depicting an artificially generated person whose appearance or speech is not a recognizable imitation of an identifiable individual.

Not to be confused with

MATERIALLY DECEPTIVE MEDIA

This term emphasizes election contexts, consent, and indistinguishability to a reasonable person, whereas that one focuses on AI-produced media likely to be believed as depicting real people.

Questions and answers

What disclaimers are required for fabricated media in Indiana elections?

Both definitions under Indiana laws mandate disclaimers on campaign communications using such media. Indiana Public Law 81 requires them for media depicting election candidates. Indiana House Enrolled Act 1133 mandates clear disclaimers.

Can candidates sue over fabricated media in Indiana?

Yes, under Indiana Public Law 81, candidates can sue creators and disseminators. Under Indiana House Enrolled Act 1133, depicted candidates can bring civil actions.

What types of synthetic media are covered by these Indiana definitions?

Both cover altered recordings and lifelike imitations without consent. Definition 1 includes non-identifiable synthetic persons. Definition 2 requires fictional depictions and non-recognizable synthetic persons.