Assembly Bill A6491

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6491
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Election Law
 
 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.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10146-01-5
              

 A. 6491                             2
 
   (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.