HEA 1133 (2024), P.L.81-2024: disclaimers for digitally altered or AI-generated media in campaign communications

Summary

Indiana added a chapter on the use of digitally altered media in elections (IC 3-9-8). It defines fabricated media as audio or visual recordings of a person altered without consent so that a reasonable person could not tell, artificially generated lifelike imitations of a person made without consent, and depictions of artificially generated people. If a campaign communication includes fabricated media depicting a candidate, the person who paid for it must include the disclaimer "Elements of this media have been digitally altered or artificially generated.", with placement and timing rules for print, audio and video. A candidate depicted without the disclaimer may sue the payer, the sponsor, and a disseminator who knowingly or recklessly removed the disclaimer, for actual damages, injunctive relief, costs and attorney's fees; the plaintiff must prove the depiction by clear and convincing evidence, and courts must expedite these cases. Candidates include holders of elected office.

Key dates

1. March 12, 2024Enacted
2. October 20, 2026Checked against sources
3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 20, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. P.L.81-2024 [H.1133. Approved March 12, 2024.] AN ACT to amend the Indiana Code concerning elections.

   Supports: Public law number, bill number and approval date

   Chapter 8. Use of Digitally Altered Media in Elections

   Supports: New chapter IC 3-9-8

   The disclaimer must state: "Elements of this media have been digitally altered or artificially generated."

   Supports: Required disclaimer wording

   A candidate depicted in fabricated media that is included in a campaign communication that does not include a disclaimer required by section 5 of this chapter may bring a civil action against:

   Supports: Private right of action

   SECTION 2. An emergency is declared for this act.

   Supports: Effective on passage

   Acts of 2024 (Second Regular Session, 123rd General Assembly) Indiana General Assembly Primary source