Synthetic Media in Electioneering Communications
KY Election Deepfake Disclosure
Artificial intelligence · Other
Lets a candidate whose appearance, actions, or speech are altered with synthetic media (AI-generated or manipulated content) in an electioneering communication sue the sponsor to require a clear and conspicuous disclosure. Including such a disclosure is an affirmative defense, and platforms and media outlets are generally not liable.
- Where
- Kentucky
- Citation
- KRS 117.322; KRS 117.001 (definitions) (created 2025 Ky. Acts ch. 66, SB 4; amended 2026 Ky. Acts ch. 161)
- Status
- In force
- In force since
- 2025-03-24
- Last amended
- 2026-07-15
- Enforced by
- Affected candidates via civil action in Circuit Court
- People can sue
- Yes
- Penalties
- Injunctive or other equitable relief requiring a clear and conspicuous disclosure, plus attorney's fees and costs; failure to obey a court disclosure order carries the penalties of KRS 121.990(3).
- Applies to
- Sponsors of electioneering communications that use synthetic media to alter a candidate's appearance, action, or speech
- Media and interactive computer services only if they strip required disclosures or deceptively alter content (broadcast and Section 230 limits apply)
What a privacy notice must say
- Electioneering communications that use synthetic media to alter a candidate's appearance, action, or speech should carry a clear and conspicuous disclosure in or alongside the content likely to be noticed by users; the disclosure is an affirmative defense.KRS 117.322(1), (4)
Practices it requires
- Media and interactive computer services may be liable only if they intentionally remove a disclosure and fail to fix it when notified, or deceptively alter content so it becomes synthetic media.KRS 117.322(2)(b), (5)-(6)
Other duties
- Candidates must sue in their home county Circuit Court and prove synthetic media by clear and convincing evidence.KRS 117.322(2)(a)
Sources
- Official text
- KRS 117.322 (Kentucky Legislature)
- SB 4 (2025 RS) bill record, Acts ch. 66 (Kentucky Legislature)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The KRS 117.001 definition of 'synthetic media' was not fetched. The nature of the 2026 Ky. Acts ch. 161 amendment (likely a broad technical or reorganization bill) was not checked.
Research reference, not legal advice.