SB2762 103RD GENERAL ASSEMBLY

LRB103 36244 SPS 66340 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2762

Introduced 1/16/2024, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-9.6 new

Amends the Election Code. Provides that, if a person, committee, or other entity creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, a statement that the qualified political advertisement was generated in whole or substantially by artificial intelligence that satisfies specified requirements. Provides for civil penalties and exceptions to the provision.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by adding Section 9-9.6 as follows:

(10 ILCS 5/9-9.6 new)

Sec. 9-9.6. Disclosure of political communications generated by artificial intelligence.

(a) As used in this Section:

"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following:

(1) perceive real and virtual environments;

(2) abstract such perceptions into models through analysis in an automated manner; and

(3) use model inference to formulate options for information or action.

"Distribution platform" includes, but is not limited to, a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet publication or electronic publication, that routinely carries news and commentary of general interest.

"Qualified political advertisement" means any paid advertisement, including, but not limited to, search engine marketing, display advertisements, video advertisements, native advertisements, issue advertisements, messaging service advertisements, mobile application advertisements, and sponsorships, relating to a candidate for federal, State, or local office in this State, any election to federal, State, or local office in this State, or a ballot question that contains any image, audio, or video that is generated in whole or substantially with the use of artificial intelligence.

(b) If a person, committee, or other entity creates, originally publishes, or originally distributes a qualified political advertisement, the qualified political advertisement shall include, in a clear and conspicuous manner, a statement that the qualified political advertisement was generated in whole or substantially by artificial intelligence as follows:

(1) if the qualified political advertisement is a graphic communication, the statement shall appear in letters at least as large as the majority of the text in the graphic communication and be in the same language as the language used in the graphic communication;

(2) if the qualified political advertisement is an audio communication, the statement shall be spoken in a clearly audible and intelligible manner at the beginning or end of the communication, last at least 3 seconds, and be in the same language as the language used in the audio communication; and

(3) if the qualified political advertisement is a video communication that also includes audio, that statement shall:

(A) appear for at least 4 seconds in letters at least as large as the majority of any text communication, or if there is no other text communication, in a size that is easily readable by the average viewer;

(B) be spoken in a clearly audible and intelligible manner at the beginning or end of the communication and last at least 3 seconds; and

(C) be in the same language as the language used in the video communication; and

(c) A person who violates subsection (b) is subject to the following:

(1) for a first violation, the Board may impose on the person a civil penalty of not more than $250; and

(2) for a second or subsequent violation, the Board may impose on the person a civil penalty of not more than $1,000 for each violation.

Each qualified political advertisement that is distributed or aired to the public that violates this Section is a separate violation.

(d) This Section does not apply to any of the following:

(1) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer that broadcasts a qualified political advertisement or a communication generated in whole or substantially by artificial intelligence as part of a bona fide newscast, news interview, news documentary, 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 easily heard or read by the average listener or viewer, that the qualified political advertisement or communication generated in whole or substantially by artificial intelligence does not accurately represent the speech or conduct of the depicted individual;

(2) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when the station is paid to broadcast qualified political advertisements;

(3) a distribution platform that publishes qualified political advertisements prohibited under this Section, if the distribution platform has a clearly stated written policy, provided to any person, committee, or other entity that creates, seeks to publish, or originally distributes a qualified political advertisement, that the qualified political advertisement shall include a statement consistent with subsection (b);

(4) a qualified political advertisement that constitutes satire or parody; and

(5) a business or its affiliate if the business or its affiliate is regulated by the Federal Communications Commission.

(e) A distribution platform is not liable under this Section if the distribution platform can show that it provided notice to the distributor of a qualified political advertisement of the distribution platform's prohibitions concerning the failure to disclose content created in whole or substantially by artificial intelligence in a qualified political advertisement or prerecorded telephone message.