Section 1. Legislative Findings and Purpose

(a) Findings. The Legislature finds that:

Advances in synthetic media technology enable the creation of audiovisual content that convincingly depicts real persons saying or doing things that did not occur. The knowing or reckless presentation of materially altered synthetic media as authentic has caused demonstrable harms, including reputational injury, emotional distress, fraud, electoral interference, and public disorder. Existing legal doctrines—including defamation, fraud, and false endorsement—do not provide timely or clear remedies at scale when synthetic media is rapidly disseminated. The First Amendment of the United States Constitution protects free expression, including satire, parody, artistic works, and political advocacy, and does not permit general bans on false speech.

(b) Purpose.

The purpose of this Act is to:

Prevent specific, demonstrable harms caused by the deceptive presentation of synthetic media as authentic; Promote transparency through narrowly tailored disclosure requirements; Preserve robust protections for constitutionally protected speech; and Assign responsibility for knowing or reckless dissemination, rather than creation, of deceptive synthetic media.

Section 2. Definitions

For purposes of this Act:

“Synthetic media” means audio, visual, or audiovisual content generated or materially altered using digital techniques, including artificial intelligence or machine learning, such that it appears to depict a real person. “Materially deceptive” means likely to cause a reasonable person to believe that the depicted speech or conduct is authentic when it is not. “Covered person” means an identifiable natural person, whether living or deceased. “Covered distributor” means a person or entity that publishes, broadcasts, or otherwise disseminates media to the public. “Disclosure” means a clear, conspicuous, and contemporaneous notice that the content is synthetic or materially altered. “Knowing or reckless dissemination” means dissemination with actual knowledge of material deception or with reckless disregard for whether the media is materially deceptive. “Protected expressive use” includes satire, parody, artistic expression, academic research, or commentary where no reasonable person would interpret the media as authentic factual representation.

Section 3. Prohibited Conduct

(a) A covered distributor shall not knowingly or recklessly disseminate materially deceptive synthetic media depicting a covered person as authentic factual content without disclosure, where such dissemination is reasonably likely to cause one or more of the following harms:

Reputational injury; Emotional distress to the depicted person or their immediate family; Fraud or material financial harm; Interference with governmental processes, including elections; or Incitement of imminent lawless action.

(b) This section applies only to dissemination presented as factual or newsworthy and does not apply to protected expressive use.

Section 4. Disclosure Safe Harbor

(a) A covered distributor shall not be liable under this Act if the synthetic media includes a disclosure that is:

Clear and conspicuous; Presented at the time of initial exposure; and Reasonably calculated to inform an ordinary viewer of the synthetic nature of the content.

(b) Disclosure does not require technical detail regarding the method of synthesis.

Section 5. Affirmative Defenses

It shall be an affirmative defense that:

The distributor reasonably relied on credible verification sources; The content was promptly corrected or removed upon discovery of material deception; or The content constituted protected expressive use.

Section 6. Remedies and Enforcement

(a) A person harmed by a violation of this Act may bring a civil action for:

Injunctive relief; Actual damages; Statutory damages not to exceed a narrowly tailored amount; Reasonable attorney’s fees.

(b) No criminal penalties shall attach under this Act.

(c) No prior restraint or pre-publication approval shall be required.

Section 7. Platform Process Obligations (Optional)

Nothing in this section shall be construed to regulate speech content.

Covered platforms may be required to:

Maintain a process for reporting materially deceptive synthetic media; Preserve evidence upon receipt of a credible complaint; and Provide timely notice of enforcement actions taken.

Section 8. Severability

If any provision of this Act is held invalid, such invalidity shall not affect other provisions that can be given effect without the invalid provision.

Why this survives strict scrutiny

1. Compelling interest

The Act targets specific, historically recognized harms (fraud, defamation, election interference), not general misinformation.

2. Narrow tailoring

No ban on creation No ban on false speech generally No viewpoint discrimination No prior restraint Liability attaches only with knowledge or recklessness

3. Least restrictive means

Disclosure is favored over suppression. Remedies are civil, not criminal.

4. Protected speech explicitly preserved

Satire, parody, art, and commentary are carved out with a reasonable-person standard.

Why this fits Edge Induced Cohesion

From an institutional ecology standpoint, this statute:

Reinforces verification responsibilities at distribution choke points Restores epistemic firebreaks without empowering truth ministries Aligns accountability with institutional role, not belief or ideology