Prohibits the creation and dissemination of synthetic media within sixty days of an election with intent to unduly influence the outcome of an election; makes such act a class E felony.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6790A
SPONSOR: Vanel TITLE OF BILL:
An act to amend the election law, in relation to prohibiting the
creation and dissemination of synthetic media within sixty days of an
election with intent to unduly influence the outcome of an election
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits the creation and dissemination of synthetic media within sixty
days of an election with intent to unduly influence the outcome of an
election.
SUMMARY OF PROVISIONS:
17-172(1): Prohibits the act of creating synthetic media with intent to
injure a candidate or influence the outcome of an election and publishes
it within 60 days of an election.
17-172(2): Defines terms.
17-172(3): Excludes certain acts from this section.
DIFFERENCE BETWEEN AMENDED AND ORIGINAL:
Technical amendments
JUSTIFICATION:
Media plays a critical role in the outcome of elections; elections are
oftentimes won and lost based on a single image video, or audio record-
ing that is circulated. Unfortunately, the rise of advanced synthetic
media tools has made it easier than ever before to manipulate public
opinion. These tools are so sophisticated that even the most astute
observer may not be able to distinguish fact from fiction. With the
availability of these low-cost - and even free tools, those seeking to
influence an election outcome have a frighteningly powerful, inexpen-
sive, low-learning curve weapon at their disposal.
Unlike traditional manipulated media that can be disproven with little
effort, synthetic media is far more difficult to disprove and oftentimes
can may only be disproven based on external knowledge, which may not
even be available or available in time. While fact-checkers can play a
vital role in verifying the authenticity of a photo and limiting its
reach, particularly in larger elections, this is not always the case in
local, city, and even statewide elections. Where a candidate receives
limited media attention, they may be particularly vulnerable to false
media. And in close proximity to an election, there are few.- and possi-
bly no - options for remedying the situation.
The state has a compelling interest in protecting the integrity of its
elections, and the prohibitions of this bill are no more restrictive
than necessary to maintain the integrity of New York's electoral process
and to protect voters from being manipulated. Moreover, implementing
more stringent requirements, such as a synthetic media registry, would
impose significant First Amendment burdens and necessitate the numerous
individual voters to seek out verification of the information in an
extremely short period of time for it to be effective.
The use of synthetic media poses an unprecedented threat to our democra-
cy. The very foundation of our democracy rests on the integrity of our
elections, and bad actors who utilize synthetic media to undermine this
integrity of our elections must be held to account.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6790--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to prohibiting the
creation and dissemination of synthetic media within sixty days of an
election with intent to unduly influence the outcome of an election
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The election law is amended by adding a new section 17-172
2 to read as follows:
3 § 17-172. Creating synthetic media with intent to unduly influence the
4 outcome of an election. 1. A person who, with intent to injure a candi-
5 date or unduly influence the outcome of an election, creates or causes
6 to be created a fabricated photographic, videographic, or audio record
7 and causes such fabricated photographic, videographic, or audio record
8 to be disseminated or published within sixty days of an election shall
9 be guilty of a class E felony.
10 2. For purposes of this section:
11 (a) "Fabricated photographic, videographic, or audio record" or
12 "synthetic media" shall mean a still image, video or audio recording
13 that:
14 (i) exhibits a high level of authenticity or convincing appearance
15 that is visually or audibly indistinguishable from reality;
16 (ii) is either manipulated or entirely artificial, including but not
17 limited to, manipulation through means of advanced synthetic media tech-
18 nologies that utilize artificial intelligence, such as deepfakes, gener-
19 ative pre-trained transformers, and stable diffusion; and
20 (iii) depicts a scenario that did not actually occur or that has been
21 altered in a significant way from how they actually occurred.
22 (b) "Disseminate" and "publish" shall have the same meanings as
23 defined in section 250.40 of the penal law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10784-04-3
A. 6790--A 2
1 3. This section shall not apply to the following:
2 (a) dissemination or publication of synthetic media that was created
3 for the purpose of political or social commentary, parody, or artistic
4 expression that is not disseminated or published with the intent to
5 misrepresent its authenticity;
6 (b) dissemination or publication of synthetic media that was created
7 for the purpose of news reporting where the synthetic media is not
8 disseminated or published with the intent to misrepresent its authentic-
9 ity;
10 (c) dissemination or publication of synthetic media depicting a person
11 or persons where the person who created the synthetic media received
12 consent from all persons depicted;
13 (d) dissemination or publication of a fabricated record where the
14 person reasonably believes that the dissemination or publication of the
15 record is necessary to protect themselves from serious bodily injury or
16 death; or
17 (e) initial dissemination or publication of synthetic media by the
18 platform or service, provided that the synthetic media was not created
19 by an individual who is directly affiliated with such platform or
20 service.
21 § 2. This act shall take effect on the thirtieth day after it shall
22 have become a law.
