ID FAIR Elections Act

Idaho HB 664 (2024) – Freedom From AI-Rigged (FAIR) Elections Act
Idaho · Idaho Code 67-6628A (HB 664, 67th Leg., 2nd Reg. Sess., 2024 Idaho Sess. Laws ch. 172), signed Mar. 25, 2024

Status
In effect
Took effect
March 25, 2024
Applies to
Political campaigns and persons publishing electioneering communications containing synthetic media
Enforced by
Civil courts (candidate injunctive relief and damages)

Idaho's FAIR Elections Act lets a candidate whose words or actions are deceptively faked with AI-generated audio or video in election campaign materials go to court to stop its publication and sue the creator for damages and attorney fees. Including a clear label saying the video or audio 'has been manipulated' is a defense to such a lawsuit.

Who is protected: Political candidates falsely depicted; Idaho voters

Legal detail

Idaho HB 664, 67th Leg., 2nd Reg. Sess. (2024), 2024 Idaho Sess. Laws ch. 172, codified at Idaho Code 67-6628A; signed and effective Mar. 25, 2024 (emergency clause). A candidate deceptively represented through synthetic media (realistic but false audio/video giving a 'fundamentally different understanding or impression') in an electioneering communication may seek injunctive or equitable relief and general/special damages plus attorney fees against the information content provider. A prescribed 'This (video/audio) has been manipulated' disclosure is an affirmative defense; plaintiff must prove synthetic media by clear and convincing evidence; the disseminating medium is liable only if it removes the disclosure or alters the content.

Key facts

JurisdictionIdaho
LevelState
StrengthLimited
EnactedMarch 25, 2024
CitationIdaho Code 67-6628A (HB 664, 67th Leg., 2nd Reg. Sess., 2024 Idaho Sess. Laws ch. 172), signed Mar. 25, 2024
Private right of actionYes, individuals can sue
PenaltiesCivil damages; injunctive relief
Topicsdeepfakes · AI-generated images · election deepfakes
Bill textHOUSE BILL 664 – Idaho State Legislature (2024 Session)

More AI rules in Idaho

Related deepfakes rules elsewhere

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