Relating to the publication of electioneering communications containing synthetic media, and providing penalties

This bill relates to the publication of electioneering communications containing synthetic media. The bill requires an electioneering communication, defined in the bill as published material that refers to a clearly identified candidate or ballot issue and that is distributed within days before the election at which the candidate or ballot issue appears on the ballot, that includes synthetic media, defined in the bill as an image, audio recording, text publication, or video recording that is materially deceptive and has been created or substantially altered using artificial intelligence, machine learning, or similar technology, to include a disclosure stating: “THIS CONTENT HAS BEEN MANIPULATED OR GENERATED BY ARTIFICIAL INTELLIGENCE AND DOES NOT DEPICT REAL EVENTS”. The bill includes specific forms that a disclosure must take based on the type of electioneering communication. The bill does not apply to a communication by a broadcaster, cable operator, or news outlet as part of bona fide news reporting if the report includes a statement questioning the authenticity of the content; satirical, parodical, humorous, or editorial content that is not intended to deceive voters; or platforms that host user-generated content if the platforms provide tools for users to add disclosures to or label content generated by artificial intelligence. A person who knowingly or recklessly violates a provision of the bill is subject to a civil penalty of up to $1,000 for a first offense and up to $5,000 for each subsequent offense, to be collected by the Iowa ethics and campaign disclosure board (board) and deposited in the general fund of the state. A person who knowingly violates a provision of the bill with the intent to defraud is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. In addition, the bill allows a person injured by a violation of the bill to bring a civil action for injunctive relief and damages, and requires the court to award the prevailing party reasonable attorney fees. The board shall adopt rules to implement the bill, which shall prioritize education and voluntary compliance. The bill requires the board to review rules adopted to implement the bill on an annual basis and to afford interested parties not less than days, rather than days, to submit data, views, or arguments in writing in advance of the adoption of rules.