AI Frontier Institute

Synthetic Media: Liability; Elections

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Alaska SB 33 has not been enacted. It was prefiled and referred to the State Affairs committee, with Judiciary as a second referral. If enacted, it would do two things. First, it would add AS 09.65.360, which treats a defamation action based on the use of synthetic media as defamation per se. Second, it would add AS 15.80.009, which bars knowingly using synthetic media in an electioneering communication with intent to influence an election. "Synthetic media" means an AI-manipulated image, audio recording, or video recording of a person's appearance, speech, or conduct that looks realistic but is false. It must depict something a reasonable person would believe is real but did not occur, and it must create a materially different impression from the original. Minimal AI edits or enhancements that do not materially change the meaning are excluded. A person harmed by a violation could sue in superior court for damages, full reasonable attorney fees, and costs (AS 15.80.009(b)). They could sue the creator or the person who commissioned the communication, anyone who disseminates it knowing it includes synthetic media, and anyone who removes a required disclosure statement with intent to influence an election. The harmed person could also seek an injunction against publication (AS 15.80.009(c)). Defenses are a prescribed disclosure statement, "This (image/video/audio) has been manipulated," that meets the visibility or audio-reading requirements, or showing that the media is satire or parody (AS 15.80.009(d)). Interactive computer services, internet, cloud, and telecom providers, and broadcasters are not liable for hosting or distributing another person's communication. They can still be sued for removing a disclosure statement (AS 15.80.009(e)). Section 3 makes the Act effective immediately.

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