Florida Senate - 2021                                     SB 658
       By Senator Taddeo
       40-00156-21                                            2021658__
    1                        A bill to be entitled                      
    2         An act relating to violations of the Florida Election
    3         Code; creating s. 104.273, F.S.; defining terms;
    4         requiring a manipulated medium that contains a
    5         manipulation of a candidate’s likeness and is used for
    6         specified purposes to include a disclaimer; specifying
    7         requirements for the disclaimer; requiring the
    8         Division of Elections, in consultation with the
    9         Consumer Protection Division of the Office of the
   10         Attorney General, to adopt certain rules; providing
   11         penalties for violations; providing for enforcement
   12         and relief; providing an effective date.
   14         WHEREAS, in recent years, there has been an increasing
   15  trend in the manipulation of various forms of media, including
   16  audio, images, and video, from their original form in an attempt
   17  to misinform and mislead the public which has become known as
   18  “deepfaking,” and
   19         WHEREAS, deepfaking has also been used to misrepresent
   20  current elected officials and candidates for public office, and
   21         WHEREAS, this act will help curb the detrimental impacts of
   22  deepfaking on the political process by requiring clear and
   23  conspicuous disclaimers to inform the public of the edited
   24  nature of the medium, NOW, THEREFORE,
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 104.273, Florida Statutes, is created to
   29  read:
   30         104.273 Manipulation of audio, image, or video of
   31  candidate; required disclaimer; penalty.—
   32         (1) As used in this section, the term:
   33         (a) “Manipulated medium” means any audio, image, or video
   34  that has been edited from its original format and is published.
   35  The term does not include the editing of audio, images, or video
   36  for length or clarity.
   37         (b) “Manipulation of a candidate’s likeness” means the use
   38  of any manipulated medium with the intent to cause the viewer or
   39  listener of such medium to believe that a candidate is
   40  publishing a message that was not actually published by the
   41  candidate.
   42         (2) If any manipulated medium containing a manipulation of
   43  a candidate’s likeness is used for political purposes, including
   44  for a campaign or for influencing legislation or other policy,
   45  the person distributing or publishing the manipulated medium
   46  must include a clear and conspicuous disclaimer. If the
   47  manipulated medium is an image or a video, the disclaimer must
   48  be displayed in text that is clearly visible to the average
   49  person for the duration of the publication. If the manipulated
   50  medium is in audio form, the oral disclaimer must be made in a
   51  manner that is clear and intelligible to the average person and
   52  announced both at the beginning and the conclusion of the audio.
   53  If the manipulated medium in audio form is more than 30 seconds
   54  in duration, the oral disclaimer must run at the beginning and
   55  conclusion of the audio and also once every 20 seconds
   56  throughout the audio’s duration.
   57         (3) The division, in consultation with the Consumer
   58  Protection Division of the Office of the Attorney General, shall
   59  adopt rules to implement and administer this section, including
   60  standards for the disclaimers required under subsection (2). At
   61  a minimum, the rules must require that:
   62         (a) The disclaimer be heard or read by the average person
   63  who is listening to or viewing the manipulated medium; and
   64         (b) The disclaimer reasonably convey to the listener or
   65  viewer that the manipulated medium is doctored or manipulated,
   66  is not original audio or video of the candidate, and does not
   67  necessarily reflect the beliefs of the candidate.
   68         (4) Any person who distributes or publishes any manipulated
   69  medium for the purpose of manipulating a candidate’s likeness
   70  and fails to include the disclaimer prescribed in this section
   71  commits a noncriminal infraction, punishable as provided in s.
   72  775.083; or for a second or subsequent offense, commits a
   73  misdemeanor of the first degree, punishable as provided in s.
   74  775.082 or s. 775.083.
   75         (5) The division or the Attorney General may issue and
   76  serve upon a person who violates this section a notice to cease
   77  and desist from such violation or may seek injunctive relief in
   78  a court of competent jurisdiction. An aggrieved candidate or an
   79  elector of this state may also seek injunctive relief in a court
   80  of competent jurisdiction.
   81         Section 2. This act shall take effect July 1, 2021.