CO Candidate Deepfake Disclosure Law

Candidate Election Deepfake Disclosures
Colorado · Colo. Rev. Stat. Secs. 1-45-111.5, 1-45-111.7, 1-46-101 to -106 (HB 24-1147, 2024 Colo. Sess. Laws ch. 250)

Status
In effect
Took effect
July 1, 2024
Applies to
Any person who distributes, publishes, broadcasts, or displays election communications concerning a candidate that contain a deepfake.
Enforced by
Colorado Secretary of State (administrative complaints); courts via private actions

Colorado restricts distributing AI-generated deepfakes that falsely depict a candidate for elective office within set windows before a primary or general election, when the distributor knows or recklessly disregards that the depiction is false. A communication is shielded from liability if it carries a clear and conspicuous disclaimer stating the media has been edited and falsely depicts speech or conduct. Complaints can be filed with the Secretary of State, and affected candidates have a private right of action.

Who is protected: Candidates and elected officials depicted in deepfakes, and the electorate receiving election communications.

Legal detail

Colo. Rev. Stat. 1-45-111.5 to -111.7 and the new Title 1, Article 46 (1-46-101 to -106), enacted by HB24-1147, prohibit distributing undisclosed deepfakes in candidate-related election communications and provide a disclosure safe harbor.

Key facts

JurisdictionColorado
LevelState
StrengthLimited
EnactedMay 24, 2024
CitationColo. Rev. Stat. Secs. 1-45-111.5, 1-45-111.7, 1-46-101 to -106 (HB 24-1147, 2024 Colo. Sess. Laws ch. 250)
Private right of actionYes, individuals can sue
PenaltiesA hearing officer imposes a civil penalty of at least $100 per violation where no paid advertising is involved, or at least 10% of the amount paid or spent to advertise the communication where paid promotion is involved. Affected candidates may also sue for injunctive relief and damages.
Topicsdeepfakes · election deepfakes
Bill textHouse Bill 24-1147 (signed) - Candidate Election Deepfake Disclosures

More AI rules in Colorado

Related deepfakes rules elsewhere

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