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. 13 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, 25 26 Be It Enacted by the Legislature of the State of Florida: 27 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.