II 

118TH CONGRESS 

1ST SESSION S. 2770 

To prohibit the distribution of materially deceptive AI-generated audio or 

visual media relating to candidates for Federal office, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2023 

Ms. KLOBUCHAR (for herself, Mr. HAWLEY, Mr. COONS, and Ms. COLLINS) 

introduced the following bill; which was read twice and referred to the 

Committee on Rules and Administration 

A BILL 

To prohibit the distribution of materially deceptive AI-generated audio or visual media relating to candidates for 

Federal office, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect Elections from 

5 Deceptive AI Act’’. 


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•S 2770 IS

1 SEC. 2. PROHIBITION ON DISTRIBUTION OF MATERIALLY 

2 DECEPTIVE AI-GENERATED AUDIO OR VIS3 UAL MEDIA PRIOR TO ELECTION. 

4 (a) IN GENERAL.—Title III of the Federal Election 

5 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

6 amended by adding at the end the following new section: 

7 ‘‘SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERI8 ALLY DECEPTIVE AI-GENERATED AUDIO OR 

9 VISUAL MEDIA. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) COVERED INDIVIDUAL.—The term ‘cov12 ered individual’ means a candidate for Federal of13 fice. 

14 ‘‘(2) DECEPTIVE AI-GENERATED AUDIO OR VIS15 UAL MEDIA.—The term ‘deceptive AI-generated 

16 audio or visual media’ means an image, audio, or 

17 video that— 

18 ‘‘(A) is the product of artificial intelligence 

19 or machine learning, including deep learning 

20 techniques, that— 

21 ‘‘(i) merges, combines, replaces, or su22 perimposes content onto an image, audio, 

23 or video, creating an image, audio, or video 

24 that appears authentic; or 

25 ‘‘(ii) generates an inauthentic image, 

26 audio, or video that appears authentic; and 


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1 ‘‘(B) a reasonable person, having consid2 ered the qualities of the image, audio, or video 

3 and the nature of the distribution channel in 

4 which the image, audio, or video appears— 

5 ‘‘(i) would have a fundamentally dif6 ferent understanding or impression of the 

7 appearance, speech, or expressive conduct 

8 exhibited in the image, audio, or video 

9 than that person would have if that person 

10 were hearing or seeing the unaltered, origi11 nal version of the image, audio, or video; 

12 or 

13 ‘‘(ii) would believe that the image, 

14 audio, or video accurately exhibits any ap15 pearance, speech, or expressive conduct of 

16 a person who did not actually exhibit such 

17 appearance, speech, or expressive conduct. 

18 ‘‘(3) FEDERAL ELECTION ACTIVITY.—The term 

19 ‘Federal election activity’ has the meaning given the 

20 term in section 301(20)(A)(iii). 

21 ‘‘(b) PROHIBITION.—Except as provided in sub22 section (c), a person, political committee, or other entity 

23 may not knowingly distribute materially deceptive AI-gen24 erated audio or visual media of a covered individual, or 


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1 in carrying out a Federal election activity, with the intent 

2 to— 

3 ‘‘(1) influence an election; or 

4 ‘‘(2) solicit funds. 

5 ‘‘(c) INAPPLICABILITY TO CERTAIN ENTITIES.—This 

6 section shall not apply to the following: 

7 ‘‘(1) A radio or television broadcasting station, 

8 including a cable or satellite television operator, pro9 grammer, or producer, or a streaming service that 

10 broadcasts materially deceptive AI-generated audio 

11 or visual media prohibited by this section as part of 

12 a bona fide newscast, news interview, news documen13 tary, or on-the-spot coverage of bona fide news 

14 events, if the broadcast clearly acknowledges through 

15 content or a disclosure, in a manner that can be eas16 ily heard or read by the average listener or viewer, 

17 that there are questions about the authenticity of 

18 the materially deceptive AI-generated audio or visual 

19 media. 

20 ‘‘(2) A regularly published newspaper, maga21 zine, or other periodical of general circulation, in22 cluding an internet or electronic publication, that 

23 routinely carries news and commentary of general 

24 interest, and that publishes materially deceptive AI25 generated audio or visual media prohibited under 


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•S 2770 IS

1 this section, if the publication clearly states that the 

2 materially deceptive AI-generated audio or visual 

3 media does not accurately represent the speech or 

4 conduct of the covered individual. 

5 ‘‘(3) Materially deceptive AI-generated audio or 

6 visual media that constitutes satire or parody. 

7 ‘‘(d) CIVIL ACTION.— 

8 ‘‘(1) INJUNCTIVE OR OTHER EQUITABLE RE9 LIEF.— 

10 ‘‘(A) IN GENERAL.—A covered individual 

11 whose voice or likeness appears in, or who is 

12 the subject of, a materially deceptive AI-gen13 erated audio or visual media, including content 

14 distributed as part of a Federal election activ15 ity, distributed in violation of this section may 

16 seek injunctive or other equitable relief prohib17 iting the distribution of materially deceptive AI18 generated audio or visual media in violation of 

19 this section. 

20 ‘‘(B) PRECEDENCE.—An action under this 

21 paragraph shall be entitled to precedence in ac22 cordance with the Federal Rules of Civil Proce23 dure. 

24 ‘‘(2) DAMAGES.— 


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1 ‘‘(A) IN GENERAL.—A covered individual 

2 whose voice or likeness appears in, or who is 

3 the subject of, a materially deceptive AI-gen4 erated audio or visual media, including content 

5 distributed as part of a Federal election activ6 ity, distributed in violation of this section may 

7 bring an action for general or special damages 

8 against the person, committee, or other entity 

9 that distributed the materially deceptive AI-gen10 erated audio or visual media. 

11 ‘‘(B) ATTORNEY’S FEES AND COSTS.—In 

12 addition to any damages awarded under sub13 paragraph (A), the court may also award a pre14 vailing party reasonable attorney’s fees and 

15 costs. 

16 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

17 in this paragraph shall be construed to limit or 

18 preclude a plaintiff from securing or recovering 

19 any other available remedy. 

20 ‘‘(3) BURDEN OF PROOF.—In any civil action 

21 alleging a violation of this section, the plaintiff shall 

22 bear the burden of establishing the violation through 

23 clear and convincing evidence.’’. 

24 (b) EFFECT ON DEFAMATION ACTION.—For pur25 poses of an action for defamation, a violation of section 


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1 325 of the Federal Election Campaign Act of 1971, as 

2 added by subsection (a), shall constitute defamation per 

3 se. 

4 (c) SEVERABILITY.—If any provision of this Act, or 

5 an amendment made by this Act, or the application of 

6 such provision to any person or circumstance, is held to 

7 be invalid, the remainder of this Act, or an amendment 

8 made by this Act, or the application of such provision to 

9 other persons or circumstances, shall not be affected. 

Æ 


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