2023 Colorado Revised Statutes › Title 1 - ELECTIONS (§§ 1-1-101 — 1-46-106) › ELECTION CAMPAIGN REGULATIONS (§§ 1-45-101 — 1-46-106) › Article 46 - Failure To Disclose A Deepfake In A Communication Concerning A Candidate For Elective Office (§§ 1-46-101 — 1-46-106) › Section 1-46-103 - Use of deepfakes in a communication concerning a candidate for elective office - disclosure requirements - limitations - rules

(1)
Except as provided in subsections (2) and (3) of this section, no person shall distribute, disseminate, publish, broadcast, transmit, or display a communication concerning a candidate for elective office that includes a deepfake to an audience that includes members of the electorate for the elective office to be represented by the candidate either sixty days before a primary election or ninety days before a general election, if the person knows or has reckless disregard for the fact that the depicted candidate did not say or do what the candidate is depicted as saying or doing in the communication.
(2)
(a)
The prohibition in subsection (1) of this section does not apply to a communication that includes a disclosure stating, in a clear and conspicuous manner, that: "This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful."
(b)
A disclosure required under this section is considered to be made in a clear and conspicuous manner if the disclosure meets the following requirements:
(I)
In a visual communication, the text of the disclosure statement appears in a font size no smaller than the largest font size of other text appearing in the visual communication. If the visual communication does not include any other text, the disclosure statement appears in a font size that is easily readable by the average viewer.
(II)
In an audio communication, the disclosure statement shall be read in a clearly spoken manner in the same pitch, speed, language, and volume as the majority of the audio communication, at the beginning of the audio communication, at the end of the audio communication, and, if the audio communication is greater than two minutes in length, interspersed within the audio communication at intervals of not more than one minute each;
(III)
The metadata of the communication includes the disclosure statement, the identity of the tool used to create the deepfake, and the date and time the deepfake was created;
(IV)
The disclosure statement in the communication, including the disclosure statement in any metadata, is, to the extent technically feasible, permanent or unable to be easily removed by a subsequent user;
(V)
The communication complies with any additional requirements for the disclosure statement that the secretary of state may adopt by rule to ensure that the disclosure statement is presented in a clear and conspicuous and understandable manner; and
(VI)
In a broadcast or online visual or audio communication that includes a statement required by subsection (2) of this section, the statement satisfies all applicable requirements, if any, promulgated by the federal communications commission for size, duration, and placement.
(3)
This section is subject to the following limitations:
(a)
This section does not alter or negate any rights, obligations, or immunities of an interactive computer service in accordance with 47 U.S.C. sec. 230, as amended, and shall otherwise be construed in a manner consistent with federal law;
(b)
This section does not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer that broadcasts a communication that includes a deepfake prohibited by subsection (1) of this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast or publication clearly acknowledges through content or a disclosure, in a manner that can be easily heard and understood or read by the average listener or viewer, that there are questions about the authenticity of the deepfake in the communication;
(c)
This section does not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer, or streaming service, when the station is paid to broadcast a communication that includes a deepfake;
(d)
This section does not apply to an internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication or streaming service, that routinely carries news and commentary of general interest and that publishes a communication that includes a deepfake prohibited by subsection (1) of this section, if the publication clearly states that the communication that includes the deepfake does not accurately represent a candidate for elective office;
(e)
This section does not apply to media content that constitutes satire or parody or the production of which is substantially dependent on the ability of an individual to physically or verbally impersonate the candidate and not upon generative ai or other technical means;
(f)
This section does not apply to the provider of technology used in the creation of a deepfake; and
(g)
This section does not apply to an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for any content provided by another information content provider as defined in 47 U.S.C. sec. 230 (f)(3).
(4)
The secretary of state shall promulgate such rules, in accordance with article 4 of title 24, as may be necessary to administer and enforce any provision of this article 46.
Added by 2024 Ch. 250,§ 3, eff. 7/1/2024, app. to communications distributed on or after 7/1/2024.