HB 182 (2024), Laws 2024, Chapter 57: AI disclaimers for materially deceptive media in election advertising

Summary

New Mexico amended its Campaign Reporting Act to define artificial intelligence and to address materially deceptive media in elections. A person who creates, produces or purchases an advertisement containing materially deceptive media must include a clear and conspicuous disclaimer, in every language used, stating "This ____ has been manipulated or generated by artificial intelligence", naming the media type (image, video or audio), with rules for size, duration and spoken placement; each failure is a separate violation subject to the Act's civil penalties. A new section makes it a violation to distribute, within ninety days before an election, materially deceptive media that the distributor knows falsely represents a depicted individual, with intent to mislead voters, unless it carries the disclaimer. A willful and knowing violation is a misdemeanor on first conviction and a fourth degree felony on a second. The attorney general, district attorneys, the depicted individual, injured candidates and voter organizations may seek enforcement, including injunctive relief.

Key dates

1. March 5, 2024Enacted
2. May 15, 2024Takes effect
3. October 20, 2026Checked against sources
4. 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. SGND BY GOV (Mar. 5) Ch. 57.

   Supports: Signing date and chapter

   HB 182, 2024 Regular Session, legislation page New Mexico Legislature Primary source

2. C. "artificial intelligence" means a machine-based

   Supports: AI defined

   ____ has been manipulated or generated by artificial

   Supports: Disclaimer wording

   (2) for a second conviction, a fourth degree

   Supports: Criminal penalty

   HB 182 (2024), House Judiciary Committee Substitute, final version New Mexico Legislature Primary source

3. House Judiciary Committee Substitute for House Bill 182 (Chapter 57) addresses the use of artificial intelligence in campaign advertisements by requiring disclaimers if the advertisement is generated by, or uses, artificial intelligence.

   Supports: Official summary of the act

   All other acts – Fifty-Sixth Legislature, Second Session: May 15, 2024 (or at a date specified in the act)

   Supports: General effective date

   Highlights of the 2024 Legislative Session New Mexico Legislative Council Service Primary source