S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6790--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                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:
 
   Section 1. The election law is amended by adding a new section  17-172
 to read as follows:
   § 17-172. CREATING SYNTHETIC MEDIA WITH INTENT TO UNDULY INFLUENCE THE
 OUTCOME  OF AN ELECTION. 1. A PERSON WHO, WITH INTENT TO INJURE A CANDI-
 DATE OR UNDULY INFLUENCE THE OUTCOME OF AN ELECTION, CREATES  OR  CAUSES
 TO  BE  CREATED A FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD
 AND CAUSES SUCH FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR  AUDIO  RECORD
 TO  BE  DISSEMINATED OR PUBLISHED WITHIN SIXTY DAYS OF AN ELECTION SHALL
 BE GUILTY OF A CLASS E FELONY.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "SYNTHETIC  MEDIA"  SHALL  MEAN  A STILL IMAGE, VIDEO OR AUDIO RECORDING
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH MEANS OF ADVANCED SYNTHETIC MEDIA TECH-
 NOLOGIES THAT UTILIZE ARTIFICIAL INTELLIGENCE, SUCH AS DEEPFAKES, GENER-
 ATIVE PRE-TRAINED TRANSFORMERS, AND STABLE DIFFUSION; AND
   (III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS  BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
   (B)  "DISSEMINATE"  AND  "PUBLISH"  SHALL  HAVE  THE  SAME MEANINGS AS
 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
 
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   (A)  DISSEMINATION  OR PUBLICATION OF SYNTHETIC MEDIA THAT WAS CREATED
 FOR THE PURPOSE OF POLITICAL OR SOCIAL COMMENTARY, PARODY,  OR  ARTISTIC
 EXPRESSION  THAT  IS  NOT  DISSEMINATED  OR PUBLISHED WITH THE INTENT TO
 MISREPRESENT ITS AUTHENTICITY;
   (B) DISSEMINATION OR PUBLICATION OF SYNTHETIC MEDIA THAT  WAS  CREATED
 FOR  THE  PURPOSE  OF  NEWS  REPORTING  WHERE THE SYNTHETIC MEDIA IS NOT
 DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
 ITY;
   (C) DISSEMINATION OR PUBLICATION OF SYNTHETIC MEDIA DEPICTING A PERSON
 OR PERSONS WHERE THE PERSON WHO CREATED  THE  SYNTHETIC  MEDIA  RECEIVED
 CONSENT FROM ALL PERSONS DEPICTED;
   (D)  DISSEMINATION  OR  PUBLICATION  OF  A FABRICATED RECORD WHERE THE
 PERSON REASONABLY BELIEVES THAT THE DISSEMINATION OR PUBLICATION OF  THE
 RECORD  IS NECESSARY TO PROTECT THEMSELVES FROM SERIOUS BODILY INJURY OR
 DEATH; OR
   (E) INITIAL DISSEMINATION OR PUBLICATION OF  SYNTHETIC  MEDIA  BY  THE
 PLATFORM  OR  SERVICE, PROVIDED THAT THE SYNTHETIC MEDIA WAS NOT CREATED
 BY AN INDIVIDUAL WHO  IS  DIRECTLY  AFFILIATED  WITH  SUCH  PLATFORM  OR
 SERVICE.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.