Regular Session 2021-2022 House Bill 1942 P.N. 2217

PRINTER'S NO. 2217

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1942

Session of

2021

INTRODUCED BY PISCIOTTANO, FREEMAN, DELLOSO, D. WILLIAMS, HILL-

EVANS, SANCHEZ, INNAMORATO, KINKEAD, A. DAVIS, SCHLOSSBERG,

McNEILL, DALEY, N. NELSON AND DeLUCA, SEPTEMBER 30, 2021

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2021

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in particular rights and

immunities, providing for the offense of deepfake

dissemination.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Subchapter A of Chapter 83 of Title 42 of the

Pennsylvania Consolidated Statutes is amended by adding a

section to read:

§ 8320.1. Deepfake dissemination.

(a) Offense defined.--Except as provided in subsection (b),

a person may not disseminate a deepfake within 90 days of an

election with the intent to:

(1) harass, annoy or alarm a current or former candidate

for public office; or

(2) unduly influence a voter's decision to vote or

refrain from voting:

(i) at the election;

(ii) for or against a particular candidate at the

election; or

(iii) for or against a question submitted to voters

at the election.

(b) Applicability.--The prohibition under subsection (a)

does not apply:

(1) If the deepfake includes a disclosure statement. The

following apply:

(i) The disclosure statement shall be in

substantially the following form:

This (image, audio recording or video recording)

has been manipulated.

(ii) For visual media that is not a video recording:

(A) The text of the disclosure statement shall

appear in a size that is easily readable by the

average viewer and no smaller than the largest font

size of other text appearing in the visual media.

(B) If the visual media does not include any

other text, the disclosure statement shall appear in

a size that is easily readable by the average viewer.

(iii) For visual media that is a video recording,

the disclosure statement shall appear for the duration of

the video.

(iv) For media that is an audio recording, the

disclosure statement shall be read in a clearly spoken

manner and in a pitch that can be easily heard by the

average listener:

(A) at the beginning of the audio recording;

(B) at the end of the audio recording; and

20210HB1942PN2217 - 2 -

minutes in length, interspersed within the audio

recording at intervals of not greater than two

minutes each.

(2) To the following:

(i) A radio or television broadcasting station,

including a cable or satellite television operator,

programmer or producer, which broadcasts a deepfake as

part of a bona fide newscast, news interview, news

documentary or on-the-spot coverage of bona fide news

events, if the broadcast clearly acknowledges through

content or a disclosure statement, in a manner that can

be easily heard or read by the average listener or

viewer, that there are questions about the authenticity

of the deepfake.

(ii) A radio or television broadcasting station,

including a cable or satellite television operator,

programmer or producer, when it is paid to broadcast a

deepfake.

(iii) An Internet website, or a regularly published

newspaper, magazine or other periodical of general

circulation, including an Internet or electronic

publication, which routinely carries news and commentary

of general interest and that publishes a deepfake, if the

publication clearly states that the deepfake does not

accurately represent the speech or conduct of the

candidate.

(1) A current or former candidate for public office

whose likeness, appearance, speech or conduct appears in a

deepfake disseminated in violation of subsection (a) may:

20210HB1942PN2217 - 3 -

(i) Seek injunctive or other equitable relief

prohibiting the further production, publication,

distribution or dissemination of the deepfake.

(ii) Bring a civil action against the person that

violated subsection (a).

(2) In a civil action alleging a violation under this

section:

(i) The court may award general or special damages

to the prevailing party as well as reasonable attorney

fees and costs.

(ii) The plaintiff shall bear the burden of proving,

when the issue is properly raised:

(A) The intent to harass, annoy or alarm a

current or former candidate for public office or to

unduly influence a voter's decision to vote or

refrain from voting, as specified in subsection (a)

(2), through the dissemination of a deepfake.

(B) The dissemination of a deepfake by the

defendant in violation of this section.

plaintiff.

(D) Special harm resulting to the plaintiff from

the dissemination of the deepfake.

(3) This subsection shall not be construed to limit or

preclude a plaintiff from securing or recovering any other

available remedy.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Candidate." An individual who seeks to be nominated or

20210HB1942PN2217 - 4 -

elected in an election to render public service.

"Deepfake." As follows:

(1) An image or audio or video recording of a

candidate's likeness, appearance, speech or conduct that:

(i) has been created with the intent to deceive; and

(ii) appears to depict a real person performing an

action that did not occur in reality.

(2) The term does not include an image or audio or video

recording that constitutes satire or parody.

"Disseminate." Produce, publish, distribute, broadcast,

publicize, display, transmit or otherwise publicly share.

"Election." Any of the following:

(1) A general election.

(2) A municipal election.

(3) A primary election.

(4) A special election.

"General election." The election held biennially on the

Tuesday next following the first Monday of November in each

even-numbered year.

"Municipal election." The election held on the Tuesday next

following the first Monday of November in each odd-numbered

year.

"Person." Any of the following:

(1) An individual.

(2) A firm, partnership, corporation, limited liability

company, association, organization or similar entity.

(3) A political committee or political party or a member

of a political committee or political party.

"Primary election." An election for the nomination of

candidates.

20210HB1942PN2217 - 5 -

"Public office." A Federal, State or local position that

requires an individual to be elected to render public service

for a fixed fee or compensation.

"Special election." An election authorized by law that is

not a general election, municipal election or primary election.

Section 2. This act shall take effect in 60 days.

20210HB1942PN2217 - 6 -