United States - New York - Prohibit Synthetic Media (S.8400-A)

Overview

New York State Senate Bill S.8400-A, introduced by Senator Cooney, seeks to amend the election law to address the use of synthetic media in political campaigns. The bill specifically prohibits the creation and dissemination of synthetic media with the intent to unduly influence the outcome of an election if published within sixty days of that election. A violation of this prohibition would constitute a Class E felony. The legislation includes several exemptions to ensure it does not infringe upon legitimate uses of synthetic media, such as political commentary, news reporting, or artistic expression, provided there is no intent to misrepresent authenticity.

Definitions

For the purposes of this section of the election law, the bill defines key terms:

• "Fabricated photographic, videographic, or audio record" or "synthetic media" refers to a still image, video, or audio recording that:
• Exhibits a high level of authenticity or a convincing appearance that makes it visually or audibly indistinguishable from reality.
• Is either manipulated or entirely artificial, including, but not limited to, manipulation through advanced synthetic media technologies that utilize artificial intelligence, such as deepfakes, generative pre-trained transformers, and stable diffusion.
• Depicts a scenario that did not actually occur or that has been altered in a significant way from how it actually occurred.
• "Disseminate" and "publish" shall have the same meanings as defined in section 250.40 of the penal law.

Governance and Institutional Framework

This bill proposes an amendment to the existing election law of New York State, indicating that its enforcement and interpretation would fall under the established framework governing elections. The State Board of Elections would likely play a role in addressing issues related to this amendment, although specific new institutional frameworks are not detailed within the provided bill summary.

Key Focus Areas

The primary focus of S.8400-A is to safeguard the integrity of elections by preventing the malicious use of advanced media manipulation technologies. It targets the creation and dissemination of synthetic media intended to deceive voters or harm candidates within a critical 60-day period before an election. This directly addresses concerns about misinformation and disinformation in the digital age.

Implementation Framework

The bill outlines that a person who creates or causes to be created and disseminates synthetic media with the intent to injure a candidate or unduly influence an election's outcome, within sixty days of the election, shall be guilty of a class E felony. Exemptions to this prohibition include dissemination for political or social commentary, parody, artistic expression, or news reporting, provided there is no intent to misrepresent authenticity. Other exemptions cover situations where consent is obtained from depicted persons, where dissemination is necessary to prevent serious bodily injury or death, or for initial dissemination by a platform not affiliated with the creator.

Monitoring and Evaluation

The provided information does not detail specific mechanisms for monitoring or evaluating the impact or enforcement of this proposed amendment once enacted.

Penalties, Liability, and Appeals

Any individual found guilty of violating the provisions of this act, specifically regarding the creation and dissemination of synthetic media with intent to influence an election, would be subject to penalties associated with a Class E felony. The bill does not explicitly detail mechanisms for appeals within the provided summary.

Relationship to Other Instruments

This bill is an act to amend the existing New York State election law. It also references section 250.40 of the penal law for the definitions of "disseminate" and "publish".

International Alignment

As a state-level bill in the United States, this legislation primarily addresses domestic concerns within New York and does not directly aim for international alignment.

Implementation Timeline

Date	Milestone	Status
2024-01-26	Introduced in Senate (S.8400) and referred to the Committee on Elections	Under Review
2024-01-30	Amended (S.8400-A), ordered reprinted, and recommitted to the Committee on Elections	Under Review

Compliance Checklist

Requirement	Description	Deadline
Prohibition of Synthetic Media	Do not create or disseminate fabricated photographic, videographic, or audio records with intent to injure a candidate or unduly influence an election within 60 days of an election.	60 days prior to any election (once law is in force)
Exemption Compliance	Ensure any use of synthetic media falls within specified exemptions (e.g., political commentary, news reporting without intent to misrepresent, consent, self-defense, platform dissemination by non-affiliated entities).	Ongoing (once law is in force)

Sources and References

Source	Type
NY State Senate Bill 2023-S8400A: Prohibits the creation and dissemination of synthetic media within sixty days of an election with intent to unduly influence the outcome of an election	Parliament/Legislature
New York State Assembly Bill Search and Legislative Information: S08400A	Parliament/Legislature
STATE OF NEW YORK IN SENATE: S.8400-A Bill Text	Parliament/Legislature