I 
118TH CONGRESS 
2D SESSION 
H. R. 8384 
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 HOUSE OF REPRESENTATIVES 
MAY 14, 2024 
Mr. KILMER (for himself and Mr. TONY GONZALES of Texas) introduced the 
following bill; which was referred to the Committee on House Administration 
A BILL 
To prohibit the distribution of materially deceptive AI-gen-
erated audio or visual media relating to candidates for 
Federal office, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protect Elections from 
Deceptive AI Act’’. 
VerDate Sep 11 2014 
06:51 Jun 14, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8384.IH
H8384
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 2. PROHIBITION ON DISTRIBUTION OF MATERIALLY 
DECEPTIVE AI-GENERATED AUDIO OR VIS-
UAL MEDIA PRIOR TO ELECTION. 
(a) IN GENERAL.—Title III of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERI-
ALLY DECEPTIVE AI-GENERATED AUDIO OR 
VISUAL MEDIA. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means a candidate for Federal of-
fice. 
‘‘(2) DECEPTIVE AI-GENERATED AUDIO OR VIS-
UAL
MEDIA.—The term ‘deceptive AI-generated 
audio or visual media’ means an image, audio, or 
video that— 
‘‘(A) is the product of artificial intelligence 
or machine learning, including deep learning 
techniques, that— 
‘‘(i) merges, combines, replaces, or su-
perimposes content onto an image, audio, 
or video, creating an image, audio, or video 
that appears authentic; or 
‘‘(ii) generates an inauthentic image, 
audio, or video that appears authentic; and 
VerDate Sep 11 2014 
06:51 Jun 14, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8384.IH
H8384
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(B) a reasonable person, having consid-
ered the qualities of the image, audio, or video 
and the nature of the distribution channel in 
which the image, audio, or video appears— 
‘‘(i) would have a fundamentally dif-
ferent understanding or impression of the 
appearance, speech, or expressive conduct 
exhibited in the image, audio, or video 
than that person would have if that person 
were hearing or seeing the unaltered, origi-
nal version of the image, audio, or video; 
or 
‘‘(ii) would believe that the image, 
audio, or video accurately exhibits any ap-
pearance, speech, or expressive conduct of 
a person who did not actually exhibit such 
appearance, speech, or expressive conduct. 
‘‘(3) FEDERAL ELECTION ACTIVITY.—The term 
‘Federal election activity’ has the meaning given the 
term in section 301(20)(A)(iii). 
‘‘(b) PROHIBITION.—Except as provided in sub-
section (c), a person, political committee, or other entity 
may not knowingly distribute materially deceptive AI-gen-
erated audio or visual media of a covered individual, or 
VerDate Sep 11 2014 
06:51 Jun 14, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8384.IH
H8384
kjohnson on DSK7ZCZBW3PROD with $$_JOB
in carrying out a Federal election activity, with the intent 
to— 
‘‘(1) influence an election; or 
‘‘(2) solicit funds. 
‘‘(c) INAPPLICABILITY TO CERTAIN ENTITIES.—This 
section shall not apply to the following: 
‘‘(1) A radio or television broadcasting station, 
including a cable or satellite television operator, pro-
grammer, or producer, or a streaming service that 
broadcasts materially deceptive AI-generated audio 
or visual media prohibited by this section as part of 
a bona fide newscast, news interview, news documen-
tary, or on-the-spot coverage of bona fide news 
events, if the broadcast clearly acknowledges through 
content or a disclosure, in a manner that can be eas-
ily heard or read by the average listener or viewer, 
that there are questions about the authenticity of 
the materially deceptive AI-generated audio or visual 
media. 
‘‘(2) A regularly published newspaper, maga-
zine, or other periodical of general circulation, in-
cluding an internet or electronic publication, that 
routinely carries news and commentary of general 
interest, and that publishes materially deceptive AI- 
generated audio or visual media prohibited under 
VerDate Sep 11 2014 
06:51 Jun 14, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8384.IH
H8384
kjohnson on DSK7ZCZBW3PROD with $$_JOB
this section, if the publication clearly states that the 
materially deceptive AI-generated audio or visual 
media does not accurately represent the speech or 
conduct of the covered individual. 
‘‘(3) Materially deceptive AI-generated audio or 
visual media that constitutes satire or parody. 
‘‘(d) CIVIL ACTION.— 
‘‘(1) INJUNCTIVE
OR
OTHER
EQUITABLE
RE-
LIEF.— 
‘‘(A) IN GENERAL.—A covered individual 
whose voice or likeness appears in, or who is 
the subject of, a materially deceptive AI-gen-
erated audio or visual media, including content 
distributed as part of a Federal election activ-
ity, distributed in violation of this section may 
seek injunctive or other equitable relief prohib-
iting the distribution of materially deceptive AI- 
generated audio or visual media in violation of 
this section. 
‘‘(B) PRECEDENCE.—An action under this 
paragraph shall be entitled to precedence in ac-
cordance with the Federal Rules of Civil Proce-
dure. 
‘‘(2) DAMAGES.— 
VerDate Sep 11 2014 
06:51 Jun 14, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8384.IH
H8384
kjohnson on DSK7ZCZBW3PROD with $$_JOB
‘‘(A) IN GENERAL.—A covered individual 
whose voice or likeness appears in, or who is 
the subject of, a materially deceptive AI-gen-
erated audio or visual media, including content 
distributed as part of a Federal election activ-
ity, distributed in violation of this section may 
bring an action for general or special damages 
against the person, committee, or other entity 
that distributed the materially deceptive AI-gen-
erated audio or visual media. 
‘‘(B) ATTORNEY’S FEES AND COSTS.—In 
addition to any damages awarded under sub-
paragraph (A), the court may also award a pre-
vailing party reasonable attorney’s fees and 
costs. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to limit or 
preclude a plaintiff from securing or recovering 
any other available remedy. 
‘‘(3) BURDEN OF PROOF.—In any civil action 
alleging a violation of this section, the plaintiff shall 
bear the burden of establishing the violation through 
clear and convincing evidence.’’. 
(b) EFFECT ON DEFAMATION ACTION.—For pur-
poses of an action for defamation, a violation of section 
VerDate Sep 11 2014 
06:51 Jun 14, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8384.IH
H8384
kjohnson on DSK7ZCZBW3PROD with $$_JOB
325 of the Federal Election Campaign Act of 1971, as 
added by subsection (a), shall constitute defamation per 
se. 
(c) SEVERABILITY.—If any provision of this Act, or 
an amendment made by this Act, or the application of 
such provision to any person or circumstance, is held to 
be invalid, the remainder of this Act, or an amendment 
made by this Act, or the application of such provision to 
other persons or circumstances, shall not be affected. 
Æ 
VerDate Sep 11 2014 
06:51 Jun 14, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H8384.IH
H8384
kjohnson on DSK7ZCZBW3PROD with $$_JOB