Privacy Law Library

Distribution of materially deceptive media to influence an election

AL Election Deepfake Law

Artificial intelligence

Prohibits knowingly distributing AI-generated media that falsely depicts a person's speech or conduct within 90 days of an election, with intent to harm a candidate and deceive voters. Distribution is allowed if the media carries a prescribed disclaimer that it has been manipulated and depicts speech or conduct that did not occur.

Where
Alabama
Citation
Ala. Code § 17-5-16.1 (Act 2024-349, HB172)
Status
In force
In force since
2024-10-01
Enforced by
Alabama Attorney General and district attorneys; depicted individuals, injured candidates, and voter-interest entities (injunctive relief)
People can sue
Limited
Penalties
Class A misdemeanor; a second conviction within five years is a Class D felony. The AG, a depicted individual, an injured candidate, or an entity representing affected voters may seek a permanent injunction.
Applies to
  • Any person who distributes, or agrees to distribute, AI-produced image, audio, or video that falsely depicts an individual, within 90 days before an election
  • Creators, sponsors, and purchasers of political media produced by generative AI
  • Broadcasters, streaming providers, news publications, and platforms without actual knowledge are largely excluded

What a privacy notice must say

  • Safe harbor: include a clear disclaimer that the media was manipulated by technical means and depicts speech or conduct that did not occur, shown throughout video, read at start and end of audio, and with a citation to the original source for edited media.Ala. Code § 17-5-16.1(c)

Practices it requires

  • Do not distribute AI-produced materially deceptive media of an individual within 90 days before an election with intent to harm a candidate and change voting patterns.Ala. Code § 17-5-16.1(b) · Only if: Within 90 days before an election
  • Distributors may not intentionally remove a disclaimer added by the creator, sponsor, or purchaser.Ala. Code § 17-5-16.1(f)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date October 1, 2024 is from the ALISON bill record for HB172 (2024RS). No court challenge was searched for.

Research reference, not legal advice.