Full Text of SB2762 103rd General Assembly
SB2762 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2762 Introduced 1/16/2024, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: | | | 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. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Election Code is amended by adding Section | 5 | | 9-9.6 as follows: | 6 | | (10 ILCS 5/9-9.6 new) | 7 | | Sec. 9-9.6. Disclosure of political communications | 8 | | generated by artificial intelligence. | 9 | | (a) As used in this Section: | 10 | | "Artificial intelligence" means a machine-based system | 11 | | that can, for a given set of human-defined objectives, make | 12 | | predictions, recommendations, or decisions influencing real or | 13 | | virtual environments, and that uses machine and human-based | 14 | | inputs 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 | 21 | | website or a regularly published newspaper, magazine, or other | 22 | | periodical of general circulation, including an Internet | 23 | | publication or electronic publication, that routinely carries |
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| 1 | | news and commentary of general interest. | 2 | | "Qualified political advertisement" means any paid | 3 | | advertisement, including, but not limited to, search engine | 4 | | marketing, display advertisements, video advertisements, | 5 | | native advertisements, issue advertisements, messaging service | 6 | | advertisements, mobile application advertisements, and | 7 | | sponsorships, relating to a candidate for federal, State, or | 8 | | local office in this State, any election to federal, State, or | 9 | | local office in this State, or a ballot question that contains | 10 | | any image, audio, or video that is generated in whole or | 11 | | substantially with the use of artificial intelligence. | 12 | | (b) If a person, committee, or other entity creates, | 13 | | originally publishes, or originally distributes a qualified | 14 | | political advertisement, the qualified political advertisement | 15 | | shall include, in a clear and conspicuous manner, a statement | 16 | | that the qualified political advertisement was generated in | 17 | | whole 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 | 17 | | following: | 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 | 24 | | or aired to the public that violates this Section is a separate | 25 | | violation. | 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 | 7 | | Section if the distribution platform can show that it provided | 8 | | notice to the distributor of a qualified political | 9 | | advertisement of the distribution platform's prohibitions | 10 | | concerning the failure to disclose content created in whole or | 11 | | substantially by artificial intelligence in a qualified | 12 | | political advertisement or prerecorded telephone message. |
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