An act relating to the use of synthetic media in elections

The official version contained three successive drafts of the bill text embedded in a single document (17 pages), while the unofficial version presents only the final consolidated text (8 pages). The final substantive provisions are the same in both.

Introductory metadata was removed, including the list of sponsoring senators, committee referral information, and the original introduction date of January 22, 2025.

The header year changed from 2025 to 2026, and the page header changed from 'BILL AS INTRODUCED AND PASSED BY SENATE AND HOUSE' to 'AS PASSED BY HOUSE AND SENATE.'

The disclosure window changed from '90 days before an election in Vermont' to '90 days of an election at which a candidate for elective office will appear on the ballot,' and the covered content is now limited to synthetic media 'of a candidate on the ballot' rather than any deceptive synthetic media. This narrows applicability to actual ballot candidates and specific elections.

Websites, streaming platforms, and mobile applications were removed from the broadcasting station exception in the official version. In the unofficial version, these were grouped together with radio/TV stations under a single exception; the official version limits that exception to traditional broadcast entities only.

The definition of deceptive and fraudulent synthetic media was changed from 'appears to a reasonable person to be an authentic recording of an individual saying or doing something that did not occur' to 'appears to a reasonable person to represent an individual saying or doing something that did not occur.' The word 'represent' is broader than 'be an authentic recording,' potentially covering more types of synthetic media.

The exception for providers of telecommunications services or information services (as defined in the Communications Act of 1934) for content provided by another person was removed entirely from the official version.

The exception for providers of interactive computer services (as defined in 47 U.S.C. Section 230) for content provided by another person was removed entirely. This eliminates a key platform liability safe harbor that would have protected social media and other online platforms.

The exception for paid radio/TV broadcasts now requires the station to make 'a good faith effort to establish that the representation is not deceptive and fraudulent synthetic media' before airing paid content. The unofficial version had no such requirement for paid broadcasts.

The audio disclosure requirement was changed from requiring the disclosure be read 'in a pitch and pace that can be easily heard' to simply 'in a pitch that can be easily heard,' removing the pace requirement.

The definition of 'deceptive and fraudulent synthetic media' was restructured. The Senate version required intent to injure a candidate, influence an election, or deceive a voter. The enacted version uses an objective standard: it must appear to a reasonable person to be a realistic representation of (A) a political candidate that injures their reputation, or (B) an individual attempting to unduly influence an election including a public question by providing materially false information to voters.

The definition of 'synthetic media' was narrowed. The Senate version included 'or environment' and required the manipulation to create 'a realistic but false representation of the candidate.' The enacted version removes both qualifiers, making it any image, audio, or video created or intentionally manipulated with digital technology including AI.

The disclosure requirement now applies within 90 days before any election in Vermont (not just elections where a candidate for elective office appears on the ballot), broadening coverage to include ballot measure elections. However, the knowledge standard was tightened from 'knows or should have known' to simply 'knows,' removing the negligence-based liability.

The satire or parody exception was expanded from covering only persons who 'produce' such media to also covering those who 'distribute' it, providing broader protection for secondary distributors of satirical content.

The required disclosure text changed from 'This media has been created or intentionally manipulated by digital technology or artificial intelligence' to 'This media has been manipulated or generated by digital technology and depicts speech or conduct that did not occur,' making it more specific about the nature of the deception.

Visual disclosure requirements removed the Senate version's rule that text must be 'not smaller than the largest font size of other text appearing in the visual media' and instead added a requirement that disclosures be 'inclusive to the greatest extent possible of individuals with disabilities.' Audio disclosures similarly added disability-inclusive language and added 'pace' alongside 'pitch.'

Penalty provisions changed the repeat-offender trigger from 'prior convictions' to 'prior violations,' which could be triggered more easily since a violation does not require a criminal conviction.

A new section 2042 (Civil Investigations) was added, granting the Attorney General or a State's Attorney broad civil investigative powers including: authority to examine books, records, and papers; demand written responses under oath; require personal attendance and testimony; serve formal notice; confidentiality protections for produced materials; a $5,000 fine for obstruction or destruction of evidence; court petition mechanisms for enforcement of compliance; and a right for aggrieved persons to seek judicial relief from the investigation.

The subchapter title changed from 'Enforcement and Additional Remedies' to 'Enforcement and Investigation,' and section 2041 was retitled from 'INJUNCTIONS' to 'ENFORCEMENT' to reflect the broader investigative powers now included.

The disclosure requirement now applies only within 90 days before an election 'in Vermont' rather than any election at which a candidate will appear on the ballot, narrowing geographic applicability to Vermont elections specifically.

The introduced version limited the disclosure requirement to synthetic media 'of a candidate on the ballot.' The passed version removes this qualifier, broadening coverage to any deceptive and fraudulent synthetic media regardless of whether the depicted person is a ballot candidate.

Subsection (A) of the definition of 'deceptive and fraudulent synthetic media' was changed from media that 'appears to a reasonable person to represent an individual saying or doing something that did not occur' to media that 'appears to a reasonable person to be an authentic recording of an individual saying or doing something that did not occur,' requiring the media to pass as a genuine recording rather than merely representing someone.

Two new platform liability exemptions were added: (1) providers of telecommunications services or information services as defined in the Communications Act of 1934 are exempt for content provided by another person, and (2) providers of interactive computer services as defined in 47 U.S.C. section 230 are exempt for content provided by another person. These create Section 230-style safe harbors for internet platforms.

The news broadcast exception was expanded to include websites, streaming platforms, and mobile applications in addition to radio and television broadcasting stations. Previously only traditional broadcasters qualified for the bona fide news exemption.

The introduced version required paid broadcasters to make a 'good faith effort to establish that the representation is not deceptive and fraudulent synthetic media' before being exempt. The passed version removes this verification requirement, making the paid-broadcast exception unconditional.

The audio disclosure requirement was changed from requiring the disclosure be read 'in a pitch that can be easily heard' to 'in a pitch and pace that can be easily heard,' adding pace as an additional clarity requirement for spoken disclosures.