UPDATE — JULY 2025:
Governor Chris Sununu signed New Hampshire House Bill 1596-FN into law on August 2, 2024. State officials implemented the law on August 1, 2024. The law prohibits distributing AI-generated deceptive deepfakes of political candidates or parties within 90 days of an election unless clearly labeled. It includes exceptions for satire and news disclaimers, allows legal remedies for affected candidates. State authorities enforced it throughout the 2024 election cycle.
ORIGINAL NEWS STORY:
New Hampshire Bill Would Ban Deceptive Political Deepfakes
Lawmakers across the United States continue to introduce AI bills going after deceptive political ads. New Hampshire House Bill 1596-FN (HB 1596) would add a new section to existing law to prohibit the distribution of deceptive synthetic media and deep fakes of candidates and parties on state or local ballots within 90 days of an election.
The law defines synthetic media as manipulated images, audio, or video that AI creates to depict false speech or conduct. A deceptive deep fake refers to synthetic media that appears to show a person doing or saying something they did not actually do or say, or that provides a fundamentally inaccurate impression.
The law prohibits entities from distributing deceptive deep fakes of candidates within 90 days of an election. Exceptions allow disclosure stating the media is AI-manipulated and does not depict actual events. Broadcasters and publishers can also show deceptive deep fakes with a disclaimer that authenticity is questioned. The law exempts satire and parody.
The bill notes that this bill has some cost concerns. The Judicial Branch anticipates increased litigation from the new cause of action. Average costs per case in Superior Court are estimated at $1,321 for complex cases and $494 for routine cases. Court fees are $280 for an original entry or third-party claim, while $160 is needed to reopen a case.
If deceptive deep fakes depict candidates, those candidates can seek injunctions and damages against sponsors. Also, lawmakers introduced this bill before voters in the state received robocalls from a fake President Joe Biden that AI generated. The state’s Attorney General is currently investigating companies in Texas for the alleged incident. The legislature scheduled a public hearing for HB 1596 at 1:50 p.m. on February 20.
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