MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Apportionment and Elections
By: Representative Sanford
AN ACT TO CREATE NEW SECTION 97-13-47, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO DISSEMINATES A DEEP FAKE SHALL BE GUILTY OF A CRIME IF THE PERSON KNOWS OR HAD REASON TO KNOW THAT THE INFORMATION BEING DISSEMINATED IS A DEEP FAKE AND THE DISSEMINATION OCCURS WITHIN NINETY DAYS OF AN ELECTION, WAS DISSEMINATED WITHOUT THE CONSENT OF THE DEPICTED INDIVIDUAL, AND WAS DISSEMINATED WITH THE INTENT TO INJURE A CANDIDATE, INFLUENCE THE RESULT OF AN ELECTION OR DETER ANY PERSON FROM VOTING; TO PROVIDE DEFINITIONS; TO PROVIDE THE SENTENCING FOR THE CRIME; TO PROVIDE A CAUSE OF ACTION FOR INJUNCTIVE RELIEF IN CERTAIN SITUATIONS; TO PROVIDE DEFENSES TO THE CRIME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 97-13-47, Mississippi Code of 1972:
97-13-47. (1) For purposes of this section, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a) "Candidate" means an individual who seeks nomination or election to a federal, statewide, state district, legislative, judicial, county, county district or municipal office.
(b) "Deep fake" means any picture, video recording, sound recording, electronic image or any digital representation of speech or conduct that:
(i) A reasonable person would believe depicts the speech and/or conduct of an individual who did not engage in the speech and/or conduct as presented; and
(ii) The production was substantially dependent on technical means, rather than the ability of another individual to physically or verbally impersonate such an individual.
(c) "Depicted individual" means an individual in a deep fake who appears to be engaging in speech or conduct.
(d) "Disseminates" means transmitting a deep fake to another person through social media, electronic mail, video sharing services or any other physical or electronic method.
(2) A person, corporation, committee or other entity that disseminates a deep fake or enters into a contract or other agreement to disseminate a deep fake shall be guilty of a crime and may be sentenced as provided in subsection (3) if that person, corporation, committee or other entity knows or had reason to know that the information being disseminated is a deep fake and the dissemination:
(a) Occurs within ninety (90) days of an election;
(b) Was disseminated without the consent of the depicted individual; and
(c) Was disseminated with the intent to injure a candidate, influence the result of an election, or deter any person from voting.
(3) A person convicted under this section may be sentenced as follows:
(a) If the person commits the violation with the intent to cause violence, bodily harm or to deter any person from voting, or has been previously convicted under this section within the last five (5) years, the person may be sentenced to imprisonment for no more than five (5) years, or to payment of a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
(b) In all other cases, the person may be sentenced to imprisonment for not more than one (1) year, or to payment of a fine of not more than Five Thousand Dollars ($5,000.00), or both.
(4) A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate this section or who is in the process of violating this section by the following:
(a) The Attorney General;
(b) A district attorney;
(c) The depicted individual;
(d) A candidate for nomination or election to a public office who is injured or likely to be injured by dissemination; or
(e) A political party whose nominee on the ballot would be injured or likely to be injured by the dissemination.
(5) (a) The provisions of subsection (2) shall not apply if the audio or visual media includes a disclosure stating: "This _____ has been manipulated or generated by artificial intelligence."
(b) The blank in the disclosure required by paragraph (a) shall be filled with whichever of the following terms most accurately describes the media:
(i) Image.
(ii) Video.
(iii) Audio.
(c) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.
(d) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than two (2) minutes in length, interspersed within the audio at intervals of not greater than two (2) minutes each.
(6) (a) The provisions of this section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer or producer, that broadcasts a deepfake prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially deceptive audio or visual media.
(b) The provisions of this section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer or producer, when it is paid to broadcast a deepfake and has made a good faith effort to establish that the depiction is not a deceptive and fraudulent deepfake.
(c) The provisions of this section shall not apply to an Internet website, or a regularly published newspaper, magazine or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate.
(d) The provisions of this section shall not apply to materially deceptive audio or visual media that constitutes satire or parody.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.