Privacy Law Library

Candidate Election Deepfake Disclosures

Colorado election deepfakes (HB 24-1147)

Artificial intelligence

HB 24-1147 bars distributing AI deepfakes of candidates close to an election unless the communication carries a clear disclosure that the media was edited and depicts false speech or conduct. The disclosure must also be embedded in metadata where feasible.

Where

Colorado

Citation

C.R.S. 1-46-101 to 1-46-106; 1-45-111.5(1.5)(c.5)

Status

In force

In force since

2024-07-01

Enforced by

Colorado Secretary of State (Fair Campaign Practices Act complaints); candidates (civil action)

People can sue

Limited

Penalties

Administrative civil penalty of at least $100 per violation for unpaid communications or at least 10% of amounts spent on paid advertising; candidates depicted may sue for injunctive relief and compensatory and punitive damages (1-46-104, 1-46-105).

Applies to

• Any person distributing a communication about a candidate for elective office that includes a deepfake to the relevant electorate within 60 days before a primary or 90 days before a general election (1-46-103(1))