Utah Code 20A-11-1104. Disclosure of synthetic media
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(1) As used in this section:
Terms Used In Utah Code 20A-11-1104
- Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
- Candidate: means any person who:(4)(a) files a declaration of candidacy for a public office; or(4)(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
- Contribution: means any of the following when done for political purposes:(6)(a)(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;(6)(a)(ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;(6)(a)(iii) any transfer of funds from another reporting entity to the filing entity;(6)(a)(iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;(6)(a)(v) remuneration from:(6)(a)(v)(A) any organization or its directly affiliated organization that has a registered lobbyist; or(6)(a)(v)(B) any agency or subdivision of the state, including school districts;(6)(a)(vi) a loan made by a candidate deposited to the candidate's own campaign; and(6)(a)(vii) in-kind contributions. See Utah Code 20A-11-101
- Election: means each:(13)(a) regular general election;(13)(b) regular primary election; and(13)(c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101
- Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section
20A-11-1501 . See Utah Code 20A-11-101 - Political action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. See Utah Code 20A-11-101
- Political issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:(39)(a)(i) solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;(39)(a)(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or(39)(a)(iii) make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101
- Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(1)(a) “Artificial intelligence” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.
(1)(b)
(1)(b)(i) “Creator” means a person that uses artificial intelligence to generate synthetic media.
(1)(b)(ii) “Creator” does not include a person that solely provides the technology used in the creation of the synthetic media.
(1)(c) “Digital content provenance” means purely factual information that:
(1)(c)(i) details a digital resource’s creator, origin, context, history, and editing process; and
(1)(c)(ii) conforms to an open industry technical standard.
(1)(d) “Generative artificial intelligence” means artificial intelligence technology that is capable of creating content such as text, audio, image, or video based on patterns learned from large volumes of data rather than being explicitly programmed with rules.
(1)(e) “Sponsor” means a person that pays for the content that uses artificial intelligence to generate synthetic media.
(1)(f) “Synthetic audio media” means audio content that was substantially produced by generative artificial intelligence.
(1)(g) “Synthetic visual media” means an image or video that was substantially produced by generative artificial intelligence.
(2) This section applies to an audio or visual communication that:
(2)(a) is paid for by a candidate campaign committee, political action committee, political issues committee, political party, or a person using a contribution;
(2)(b) is intended to influence voting for or against a candidate or ballot proposition in an election or primary in the state; and
(2)(c) contains synthetic media.
(3) An audio communication described in Subsection (2) that contains synthetic audio media shall include audibly at the beginning and end of the communication the words, “Contains content generated by AI.”
(4) A visual communication described in Subsection (2) that contains synthetic media shall display throughout the duration of each portion of the communication containing synthetic media, in legible writing, the words:
(4)(a) “This video content generated by AI,” if the content is a video that includes synthetic visual media but not synthetic audio media;
(4)(b) “This image generated by AI,” if the content is an image that includes synthetic visual media but not synthetic audio media;
(4)(c) “This audio content generated by AI,” if the video includes synthetic audio media but not synthetic visual media; or
(4)(d) “This content generated by AI,” if the communication includes both synthetic audio media and synthetic visual media.
(5) In addition to the requirements in Subsections (3) and (4), a creator or sponsor who publishes an online digital audio or visual communication described in Subsection (2) that is viewable, audible, or accessible in the state shall ensure the advertisement carries embedded tamper-evident digital content provenance that discloses:
(5)(a) the initial author and creator of the content;
(5)(b) any subsequent entities that edited, altered, or otherwise modified the content; and
(5)(c) any use of generative artificial intelligence in generating or modifying the substantive content.
(6)
(6)(a) In a civil action brought against the creator or the sponsor of content that includes synthetic media by a person to enforce this section, the court may impose a civil penalty not to exceed $1,000 against a person for each violation of this section that the court finds a person has committed.
(6)(b) Compliance with this section does not exempt a person from civil or criminal liability for violations of other applicable law.