2024 is a big election year in the United States, which is why several bills at the state level are looking to regulate media generated by AI. In the state of Nebraska, Legislative Bill 1203 looks to amend the Nebraska Political Accountability and Disclosure Act. It defines several new terms related to the use of AI to generate political advertisements and media.
The bill defines “artificial intelligence” as a machine-based system that can make predictions, recommendations, or decisions to influence environments based on machine and human inputs. It defines “depicted individual” as someone falsely represented in “materially deceptive media.” “Materially deceptive media” is defined as any image, audio, or video that falsely depicts an individual and was produced by AI. The bill defines “qualified political advertisement” as any paid ad relating to a candidate, election, or ballot measure that contains imagery, audio, or video generated by AI.
Under the bill, qualified political ads generated by AI must include a statement disclosing that fact. The statement must be clear, conspicuous, and match the language used in the ad. Exceptions are made for news and commentary programs that acknowledge the AI-generated content is not real. Also excepted are broadcasters paid to run ads and distribution platforms with a policy requiring AI disclosures.
The bill prohibits distributing “materially deceptive media” within 90 days of an election if it is intended to harm a candidate by falsely depicting them. Exceptions allow distribution if the media includes a disclaimer that it has been manipulated and does not depict real speech or conduct. Specific formatting requirements are outlined for the disclaimer based on the type of media.
The Attorney General, depicted individual, harmed candidate, or organization representing deceived voters may seek injunctive relief against violations. A high evidentiary standard is established. Safeguards against frivolous lawsuits are included.
With every day comes a new AI regulation or bill, and you might have questions and concerns about how it will impact you. Don’t hesitate to reach out to BABL AI. Their Audit Experts are ready to provide valuable assistance.
