MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Apportionment and Elections

By: Representatives James-Jones, Nelson, Paden, Butler-Washington, Johnson, Summers, Bell (65th), Clark, Holloway (27th), Scott

House Bill 1267

AN ACT TO CREATE A NEW SECTION OF LAW TO PROVIDE THAT IF ANY POLITICAL COMMUNICATIONS WERE GENERATED IN WHOLE OR IN PART BY SYNTHETIC MEDIA USING ARTIFICIAL INTELLIGENCE ALGORITHMS, THEN SUCH POLITICAL COMMUNICATIONS SHALL HAVE A CLEAR AND PROMINENT DISCLAIMER STATING THAT THE INFORMATION CONTAINED IN THE POLITICAL COMMUNICATION WAS GENERATED USING ARTIFICIAL INTELLIGENCE ALGORITHMS; TO AMEND SECTION 23-15-897, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF ANY PUBLISHED CAMPAIGN MATERIALS OR PUBLISHED PRINTED MATERIALS WERE GENERATED IN WHOLE OR IN PART BY SYNTHETIC MEDIA USING ARTIFICIAL INTELLIGENCE ALGORITHMS, THEN SUCH PUBLISHED CAMPAIGN MATERIALS OR PUBLISHED PRINTED MATERIALS SHALL HAVE A CLEAR AND PROMINENT DISCLAIMER STATING THAT THE MATERIAL WAS GENERATED USING ARTIFICIAL INTELLIGENCE ALGORITHMS; TO AMEND SECTION 23-15-877, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF ANY NEWSPAPER EITHER DOMICILED IN THE STATE, OR OUTSIDE OF THE STATE CIRCULATING INSIDE THE STATE OF MISSISSIPPI, SHALL PRINT ANY EDITORIAL OR NEWS STORY THAT WAS GENERATED IN WHOLE OR IN PART BY SYNTHETIC MEDIA USING ARTIFICIAL INTELLIGENCE ALGORITHMS, THEN SUCH NEWSPAPER SHALL HAVE A CLEAR AND PROMINENT DISCLAIMER STATING THAT THE EDITORIAL OR NEWS STORY WAS GENERATED USING ARTIFICIAL INTELLIGENCE ALGORITHMS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  If any political communications were generated in whole or in part by synthetic media using artificial intelligence algorithms, then such political communications shall have a clear and prominent disclaimer stating that the information contained in the political communication was generated using artificial intelligence algorithms.

     SECTION 2.  Section 23-15-897, Mississippi Code of 1972, is amended as follows:

     23-15-897.  (1)  The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise: 

          (a)  "Campaign materials" include any materials designed to influence voters for or against any candidate, party or measure to be voted on at any election, or containing information about any candidate, party or measure paid for by a candidate, political committee, or independent expenditure which requires disclosure under campaign finance laws.

          (b)  "Publish" means the act or instance of making campaign material available to the public, or to a list of subscribers, by mail, telephone, electronic communications platforms, Internet, software applications, printed materials or any other means of distribution.

          (c)  "Printed material" shall include, but not be limited to, any notice, placard, bill, poster, dodger, pamphlet, advertisement, sign or any other form of printed publication, except notices, posters and the like, which simply announce a speaking date and invite attendance thereon.

     (2)  No candidate, political committee or other person shall publish, or knowingly cause to be published, any campaign materials unless it contains the following information:

          (a)  The name of the candidate along with a statement that the message is approved by the candidate; or

          (b)  If the message has not been approved by a specific candidate, the name of the person, political committee or organization paying for the publication of the message; or

          (c)  If the message has not been approved by the candidate and no person, political committee or organization is identified as having paid for the publication, the entity producing the campaign materials must be identified.

     (3)  Publication of campaign materials through an electronic platform shall be deemed to comply with the requirements of this section if the home page of the candidate or political committee provides the information required by subsection (2), and each electronic publication provides a link to that home page.

     (4)  If any published campaign materials or published printed materials were generated in whole or in part by synthetic media using artificial intelligence algorithms, then such published campaign materials or published printed materials shall have a clear and prominent disclaimer stating that the material was generated using artificial intelligence algorithms.  

     SECTION 3.  Section 23-15-877, Mississippi Code of 1972, is amended as follows:

     23-15-877.  If during any election campaign in Mississippi any newspaper either domiciled in the state, or outside of the state circulating inside the State of Mississippi, shall print any editorial or news story reflecting upon the honesty or integrity or moral character of any candidate in such campaign or on the honesty and integrity or moral character of any candidate who was elected or defeated in such campaign, such newspaper shall, on the written or telegraphic request of such candidate or his agents, print in such newspaper not later than the second issue of such newspaper following the receipt of such request, a statement by the candidate or his duly accredited representative giving the candidate's reply.  Such statement shall be printed in the exact language which the candidate or his representative presents and shall be printed as near as is practical on the same page, in the same position, and in the same size type and headlines as the original editorial or news story reflecting on the candidate had been printed.

     This section shall be construed to include those news stories wherein the newspaper quotes from a candidate or individual statements attacking the honesty or integrity or moral character of a candidate or ex-candidate.

     If any newspaper either domiciled in the state, or outside of the state circulating inside the State of Mississippi, shall print any editorial or news story that was generated in whole or in part by synthetic media using artificial intelligence algorithms, then such newspaper shall have a clear and prominent disclaimer stating that the editorial or news story was generated using artificial intelligence algorithms.

     If such newspaper fails or refuses to publish such answer when requested, the owner of such newspaper shall be liable to a suit for damages by the candidate claiming to be injured by such publication.  In event of a verdict in favor of the plaintiff, the measure of damages shall be the injury suffered or a penalty of Five Hundred Dollars ($500.00), whichever is the larger amount. In all cases, the truth of the charge may be offered as defense to the suit.  But nothing herein contained shall be construed to abolish any existing legal rights of action in such cases.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2024.