Amendment #2 to H5094

Heightened Enforcement

Mr. Vaughn of Wrentham moves to amend the bill by inserting after subsection (b) the following new subsections:-

“(c) The provisions of this section shall not apply to any audio or video communication that is clearly identified as satire, parody, or caricature, and which a reasonable person would not conclude is a factual record of the events or speech depicted.

(d) Any synthetic media subject to the disclosure requirements of subsection (a) shall also include digitally embedded metadata identifying the content as artificial intelligence-generated, in a format compliant with industry standards for content provenance and authenticity, such as the C2PA standard, provided that such metadata is technically feasible at the time of publication.

(e) No broadcasting station, newspaper, magazine, or digital news publisher shall be held liable for a violation of this section if the communication containing synthetic media was provided by a third-party committee or person as defined in subsection (a), and the media organization is publishing the content as part of a bona fide news report, editorial, or commentary.

(f) Any candidate whose voice or likeness is deceptively depicted in synthetic media in violation of subsection (a) may bring a civil action in the superior court to enjoin the further distribution of said communication. The court may award reasonable attorney's fees and costs to a prevailing plaintiff under this subsection

(g) For any violation of this section occurring within 60 days of a primary or general election, the fines set forth in subsection (b) shall be doubled, and the office of the attorney general shall prioritize the investigation and enforcement of such violations.

(h) Notwithstanding the disclosure requirements of subsection (a), no person or committee shall use generative artificial intelligence to create a deceptive likeness or voice of a candidate for the purpose of influencing an election without the express written consent of said candidate. A violation of this subsection shall be deemed a per se violation of Chapter 93A”

Additional co-sponsor(s) added to Amendment #2 to H5094

Heightened Enforcement