HB 2121 Virginia House of Delegates · 2025 Regular Session

Digital Content Authenticity and Transparency Act; established, civil penalty.

Summary

Digital Content Authenticity and Transparency Act established; civil penalty. Requires a developer of an artificial intelligence system or service to apply provenance data to synthetic digital content that is generated by such developer's generative artificial intelligence system or service and requires a developer to make a provenance application tool and a provenance reader available to the public. The bill requires a controller of an online service, product, or feature to retain any available provenance data and requires a capture device to include a provenance application tool by default. The bill grants the Attorney General the exclusive authority to enforce such provisions and impose civil penalties pursuant to the bill. Under certain circumstances, the Attorney General may offer a developer an opportunity to cure a violation before imposing such civil penalties. The bill has a delayed effective date of July 1, 2026.

Issues: ✓ Technology

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 7, 2025 Last action Feb 4, 2025

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What changed between versions

Introduced → HST Sub: Technology and Innovation Substitute · 6 edits

MODERATE

The bill was amended from its original introduction to a House substitute version, adding a new exemption for non-user-generated video games and renumbering the final section. The definitions section was also modified to clarify that synthetic digital content can include text to the extent practicable, and the developer duties were expanded to require tools for content that has been modified to include synthetic content.

Scope change

Added an exemption for products, services, websites, or applications that provide exclusively non-user-generated video games, meaning these entities would not be subject to the digital content authenticity requirements.

ELIGIBILITY

New exemption section (§ 59.1-610) excludes products and services that provide exclusively non-user-generated video games from the bill's requirements.

DEFINITION

Definition of 'synthetic digital content' was expanded to include text to the extent practicable, broadening the scope of content covered by the bill.

The 'Foundation model' and 'General-purpose artificial intelligence model' definitions were removed from the substitute version.

REQUIREMENT

Developer duties were expanded to require provenance application tools for content that has been modified to include synthetic digital content, not just wholly generated content.

STRUCTURE

Bill was renumbered to add a new section (§ 59.1-611) for enforcement provisions, shifting the original enforcement section to a different number.

TIMELINE

The effective date remains July 1, 2026, but the bill text now includes draft formatting and committee markup indicating it has been processed by the House Committee on Communications, Technology and Innovation.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jan 22, 2025

Lower · Passed

Subcommittee recommends laying on the table (10-Y 0-N)

lower

Jan 16, 2025

Committee

Assigned CT & I sub: Technology and Innovation

lower

Jan 7, 2025

Committee

Referred to Committee on Communications, Technology and Innovation

lower

1 primary · 2 co-sponsors