Senate Bill 2423

AN ACT TO AMEND SECTION 23-15-897, MISSISSIPPI CODE OF 1972, TO REQUIRE QUALIFIED POLITICAL ADVERTISEMENTS THAT UTILIZE ARTIFICIAL INTELLIGENCE TO DISCLOSE THE USE OF ARTIFICIAL INTELLIGENCE TO THE PUBLIC; TO DEFINE WHAT IS CONSIDERED A QUALIFIED POLITICAL ADVERTISEMENT AND ARTIFICIAL INTELLIGENCE AS USED IN THIS SECTION; TO CLARIFY WHAT INFORMATION MUST BE PRESENT IN AN ADVERTISEMENT TO SATISFY THE DISCLOSURE REQUIREMENT; TO SPECIFY WHO IS NOT LIABLE FOR THE FAILURE OF DISCLOSURE OF THE USE OF ARTIFICIAL INTELLIGENCE; TO PROVIDE CIVIL PENALTIES FOR FAILING TO DISCLOSE THE USE OF ARTIFICIAL INTELLIGENCE IN A QUALIFIED POLITICAL ADVERTISEMENT; TO STATE WHERE AN AGGRIEVED PARTY OR THE ATTORNEY GENERAL MAY BRING SUIT AGAINST A CANDIDATE, COMMITTEE OR OTHER PERSON WHO FAILS TO DISCLOSE THE USE OF ARTIFICIAL INTELLIGENCE IN A QUALIFIED POLITICAL ADVERTISEMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. 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.

(d) "Qualified political advertisement" means any advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements and sponsorships involving a candidate for federal, state or local office in this state, any election to a federal state or local office in this state or a ballot question that does both of the following:

(i) Contains any image, audio or video that is generated in whole or in part with the use of artificial intelligence; and

(ii) Is made by or on behalf of a candidate, committee or other person.

(e) "Artificial Intelligence" or "AI" means any artificial system that performs tasks under varying and unpredictable circumstances, without significant human oversight, can learn from experience and improve performance, or can generate images, audio or videos that mimic the likeness of individuals in a near or totally indistinguishable way.

(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) A prerecorded telephone message that in express terms advocates for the election or defeat of a clearly identified candidate, or the qualification, passage or defeat of a ballot question, must bear an identification that contains the name of the candidate and a statement that the message is approved by the candidate, or the identification of the person, political committee or organization paying for the publication of the message. Except as otherwise required by law, a prerecorded telephone message subject to this subsection is not required to contain a disclaimer. If the prerecorded telephone message is generated in whole or substantially by artificial intelligence, the prerecorded telephone message must contain the following disclaimer: "This message was generated in whole or in part by artificial intelligence."

(5) If a person, committee or other entity creates, originally publishes or originally distributes a qualified political advertisement, the qualified political advertisement must include, when applicable, a clear and conspicuous statement indicating the following:

(a) Whether the qualified political advertisement was generated in whole or in part by artificial intelligence.

(b) If the qualified political advertisement is a text or graphic communication that was generated in whole or in part by artificial intelligence, include a disclaimer that:

(i) Indicates what information was produced by artificial intelligence;

(ii) Appears in letters at least as large as the majority of the text in the graphic communication; and

(iii) Is in the same language as the language used in the graphic communication.

(c) If the qualified political advertisement is an audio communication that has been generated in whole or in part by artificial intelligence, include a disclaimer that:

(i) Is spoken in an audible, clear and intelligible manner at the beginning or end of the communication;

(ii) Lasts at least three (3) seconds; and

(iii) Is stated in the same language as the language used in the audio communication.

(d) If the qualified political advertisement is a video communication that also includes audio, the advertisement must include a disclaimer that includes all of the following:

(i) A message that appears for at least four (4) seconds in letters at least as large as the majority of any text communication, or if there is no other text communication, in a size that is easily readable by the average and reasonable viewer;

(ii) A spoken message in an audible, clear and intelligible manner at ,the beginning or end of the communication, that lasts for at least three (3) seconds; and

(iii) The disclaiming message must be in the same language as the language used in the video communication.

(6) Subsections (4) and (5) do not apply to any of the following:

(a) A radio or television broadcasting station, including a cable or satellite television operator, programmer

or producer that broadcasts a qualified political advertisement or communication generated in whole or in part by artificial intelligence 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 and reasonable listener or viewer, that the qualified political advertisement or communication was generated in whole or in part by artificial intelligence and does not accurately represent the speech or conduct of the depicted individual.

(b) A radio or television broadcasting station, including a cable or satellite television operator, programmer

or producer, when the station is paid to broadcast qualified political advertisements.

(c) A distribution platform, including, but not limited to, a 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 qualified political advertisements prohibited under this section, if the distribution platform has a clearly written and accessible policy that:

(i) Is provided to any person, committee or other entity that creates, seeks to publish or originally distributes a qualified political advertisement;

(ii) States the qualified political advertisement must include a statement consistent with the disclaimers outlined in subsection (5) of this section;

(d) A qualified political advertisement that constitutes satire or parody; or

(e) A distribution platform, if the platform can show that they provided notice of the platform's prohibitions related to a lack of disclosure of content created in whole or in part by artificial intelligence in a qualified political advertisement or prerecorded telephone message, in compliance with subsections (4) and (5) of this section.

(7) A person other than a committee who violates subsections (4) and (5) of this section, is subject to the following penalties:

(a) For a first violation, the person is responsible for a state civil penalty and shall be ordered to pay a civil fine of not more than Two-Hundred and Fifty Dollars ($250.00).

(b) For a second or subsequent violation, the person is responsible for a state civil penalty and shall be ordered to pay a civil fine of not more than One Thousand Dollars ($1,000.00) for each violation.

(8) A committee that violates the provisions of subsections (4) and (5) shall be responsible for a civil penalty and shall be ordered to pay a fine of not more than One Thousand Dollars ($1,000.00) for each violation.

(9) Each qualified political advertisement that is distributed, published, printed or aired to the public that violates any of the provisions of subsections (4) and (5) shall be considered a separate violation each time the advertisement is shown or transmitted, and shall be subject to the penalties as listed in subsections (7) and (8).

(10) The attorney general or a candidate for office who has been injured or is likely to be injured by a violation of this section may apply to any of the following courts for injunctive relief against a candidate, committee or other person for violations of subsections (4) and (5) of this section:

(a) The Seventh Circuit Court District of Hinds County;

(b) The circuit court for the county in which a party to the alleged violation committed the act or where said person resides; or

(c) The circuit court for the county in which the violation of this section could deceive or influence voters in an upcoming election.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.