Section 17-NEW - [Newly enacted section not yet numbered] [Effective 10/1/2024] Distribution of materially deceptive media illegal(a) Except as provided in subsection (b), a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if all of the following apply:(1) The person knows the media falsely represents a depicted individual.(2) The distribution occurs within 90 days before an election.(3) The person intends the distribution to harm the reputation or electoral prospects of a candidate in the coming election, and the distribution is reasonably likely to cause that result.(4) The person intends the distribution to change the voting patterns of electors in the coming election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result.(b) The prohibition in subsection (a) does not apply if all of the following conditions are met:(1) The creator, sponsor, or purchaser includes a disclaimer in any presentation of the media informing the viewer both that the media has been manipulated by technical means and depicts speech or conduct that did not occur. The following disclaimer is sufficient, but not necessary, to satisfy the requirements of this subdivision: This media has been manipulated by technical means and depicts speech or conduct that did not occur.
(2) If the media is a video, the disclaimer meets all of the following requirements: a. Appears throughout the entirety of the video.b. Is clearly visible to and readable by the average viewer.c. Is in letters in a size that is easily readable by the average viewer.d. Is in the same language as the language used in the video media.(3) If the media consists only of audio and contains no image or video, the disclaimer is read at the beginning and end of the media in a clearly spoken manner, in a pitch that can be easily heard by the average listener, and in the same language as the audio media.(4) If the media is an image, the disclaimer meets all of the following requirements: a. Is clearly visible to and readable by the average viewer.b. Is in the same language as the language used in the image media.(5) If the media was generated by editing an existing image, audio, or video, the media includes a citation directing the viewer or listener to the original source from which the unedited version of the existing image, audio, or video was obtained.(c) A violation of this section is a Class A misdemeanor, except that a second or subsequent conviction within five years is a Class D felony.(d)(1) Distribution of material that is prohibited by this section shall not be a violation of this section if the distributor does not have actual knowledge that the material is prohibited, the distributor does not intend to injure or harm the reputation or prospects of the depicted individual, influence an election, the results of an election, or the voting patterns in an election, or deter any individual from voting in an election, and the distributor is: a. an Internet website, interactive computer service, or radio or television broadcasting station, including, but not limited to, a cable or satellite television operator; b. a regularly published newspaper, magazine, or other periodical, including, but not limited to, an Internet or electronic publication, programmer, or producer; or c. a website or streaming service, including, but not limited to, an information service as defined in 47 U.S.C. § 153.(2) This act shall not be construed to alter any rights, obligations, or immunities created by 47 U.S.C. Chapter 5 or under the regulations of the Federal Communications Commission pertaining to the broadcast or distribution of political programming or campaign advertising, or under any other federal law.(3) This act shall not be construed to alter any rights, obligations, or immunities created by 47 U.S.C. § 230.(4) This act shall not apply to content that constitutes satire or parody which is substantially dependent on the ability of an individual to impersonate a candidate physically or verbally and not upon technology or artificial intelligence.(5) This act shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, streaming provider, 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 that distributes any materially deceptive media prohibited by this act as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event if the broadcast or publication clearly acknowledges, through content or disclosure, in a manner that can easily be heard and understood by the average listener or viewer, that there are questions about the authenticity of the media.(e) A distributor shall not intentionally remove a disclaimer included with any media by the creator, sponsor, or purchaser of the media.Ala. Code § 17-NEW (1975)
Added by Act 2024-349,§ 2, eff. 10/1/2024.