Idaho FAIR Elections Act: Freedom From AI-Rigged Elections (HB 664) state silhouette

Idaho FAIR Elections Act: Freedom From AI-Rigged Elections (HB 664)

Effective Date: 2024-03-25

The Idaho FAIR Elections Act, formally the Freedom From AI-Rigged (FAIR) Elections Act (HB 664), prohibits publishing synthetic media in electioneering communications intended to influence an election. Synthetic media here means realistic but false AI-generated audio or video of a candidate’s speech or conduct.

What the Idaho FAIR Elections Act Prohibits

The ban targets electioneering communications that use fabricated depictions of candidates. Candidates depicted in such media get direct remedies: they can seek injunctions to stop dissemination and sue for damages. That candidate-driven enforcement model means the practical risk comes from the people portrayed, not just from state regulators.

The Disclosure Defense

Including a clear and conspicuous disclosure that the media is synthetic is an affirmative defense under the law. For political advertisers in Idaho, the compliance path is straightforward. Label any AI-altered depictions of candidates plainly, and keep records showing the disclosure ran with the communication. Unlabeled synthetic depictions are the ones that invite litigation.

Source: Idaho Legislature: HB 664

Report a violation: If you believe a business is violating this law, you can file a complaint with the Idaho Attorney General Consumer Protection Division.

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