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.


LRB103 36244 SPS 66340 b

 

 

A BILL FOR

 

SB2762LRB103 36244 SPS 66340 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by adding Section
59-9.6 as follows:
 
6    (10 ILCS 5/9-9.6 new)
7    Sec. 9-9.6. Disclosure of political communications
8generated by artificial intelligence.
9    (a) As used in this Section:
10    "Artificial intelligence" means a machine-based system
11that can, for a given set of human-defined objectives, make
12predictions, recommendations, or decisions influencing real or
13virtual environments, and that uses machine and human-based
14inputs to do all of the following:
15        (1) perceive real and virtual environments;
16        (2) abstract such perceptions into models through
17    analysis in an automated manner; and
18        (3) use model inference to formulate options for
19    information or action.
20    "Distribution platform" includes, but is not limited to, a
21website or a regularly published newspaper, magazine, or other
22periodical of general circulation, including an Internet
23publication or electronic publication, that routinely carries

 

 

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1news and commentary of general interest.
2    "Qualified political advertisement" means any paid
3advertisement, including, but not limited to, search engine
4marketing, display advertisements, video advertisements,
5native advertisements, issue advertisements, messaging service
6advertisements, mobile application advertisements, and
7sponsorships, relating to a candidate for federal, State, or
8local office in this State, any election to federal, State, or
9local office in this State, or a ballot question that contains
10any image, audio, or video that is generated in whole or
11substantially with the use of artificial intelligence.
12    (b) If a person, committee, or other entity creates,
13originally publishes, or originally distributes a qualified
14political advertisement, the qualified political advertisement
15shall include, in a clear and conspicuous manner, a statement
16that the qualified political advertisement was generated in
17whole or substantially by artificial intelligence as follows:
18        (1) if the qualified political advertisement is a
19    graphic communication, the statement shall appear in
20    letters at least as large as the majority of the text in
21    the graphic communication and be in the same language as
22    the language used in the graphic communication;
23        (2) if the qualified political advertisement is an
24    audio communication, the statement shall be spoken in a
25    clearly audible and intelligible manner at the beginning
26    or end of the communication, last at least 3 seconds, and

 

 

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1    be in the same language as the language used in the audio
2    communication; and
3        (3) if the qualified political advertisement is a
4    video communication that also includes audio, that
5    statement shall:
6            (A) appear for at least 4 seconds in letters at
7        least as large as the majority of any text
8        communication, or if there is no other text
9        communication, in a size that is easily readable by
10        the average viewer;
11            (B) be spoken in a clearly audible and
12        intelligible manner at the beginning or end of the
13        communication and last at least 3 seconds; and
14            (C) be in the same language as the language used in
15        the video communication; and
16    (c) A person who violates subsection (b) is subject to the
17following:
18        (1) for a first violation, the Board may impose on the
19    person a civil penalty of not more than $250; and
20        (2) for a second or subsequent violation, the Board
21    may impose on the person a civil penalty of not more than
22    $1,000 for each violation.
23    Each qualified political advertisement that is distributed
24or aired to the public that violates this Section is a separate
25violation.
26    (d) This Section does not apply to any of the following:

 

 

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1        (1) a radio or television broadcasting station,
2    including a cable or satellite television operator,
3    programmer, or producer that broadcasts a qualified
4    political advertisement or a communication generated in
5    whole or substantially by artificial intelligence as part
6    of a bona fide newscast, news interview, news documentary,
7    or on-the-spot coverage of bona fide news events, if the
8    broadcast clearly acknowledges through content or a
9    disclosure, in a manner that can be easily heard or read by
10    the average listener or viewer, that the qualified
11    political advertisement or communication generated in
12    whole or substantially by artificial intelligence does not
13    accurately represent the speech or conduct of the depicted
14    individual;
15        (2) a radio or television broadcasting station,
16    including a cable or satellite television operator,
17    programmer, or producer, when the station is paid to
18    broadcast qualified political advertisements;
19        (3) a distribution platform that publishes qualified
20    political advertisements prohibited under this Section, if
21    the distribution platform has a clearly stated written
22    policy, provided to any person, committee, or other entity
23    that creates, seeks to publish, or originally distributes
24    a qualified political advertisement, that the qualified
25    political advertisement shall include a statement
26    consistent with subsection (b);

 

 

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1        (4) a qualified political advertisement that
2    constitutes satire or parody; and
3        (5) a business or its affiliate if the business or its
4    affiliate is regulated by the Federal Communications
5    Commission.
6    (e) A distribution platform is not liable under this
7Section if the distribution platform can show that it provided
8notice to the distributor of a qualified political
9advertisement of the distribution platform's prohibitions
10concerning the failure to disclose content created in whole or
11substantially by artificial intelligence in a qualified
12political advertisement or prerecorded telephone message.