AI Frontier Institute

Crimes and offenses; crime of distribution of materially deceptive media established, permanent injunctive relief authorized

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Alabama HB291 has not been enacted. It was introduced January 20, 2026, and is pending in the House Judiciary Committee. If enacted, it would make distributing "materially deceptive media" a crime. Section 1 defines this as an image, audio, or video that falsely depicts a person saying or doing something they did not, would lead a reasonable viewer or listener to believe it was real, and was produced by artificial intelligence. Section 2(a) bars distributing such media, or agreeing to distribute it. Section 2(b) creates an exception when the creator, sponsor, or purchaser includes a disclaimer saying the media was manipulated and shows speech or conduct that did not occur. Video disclaimers must appear throughout, be readable, and be in the video's language. Audio disclaimers must be spoken at the beginning and end. Image disclaimers must be readable and in the image's language. Edited media must also cite the original source. Under Section 2(c), a first violation is a Class A misdemeanor. A second or later conviction within five years is a Class D felony. Section 2(d) protects certain distributors, such as websites, broadcasters, periodicals, and streaming services, that lack actual knowledge and intent to harm. It also preserves 47 U.S.C. § 230, exempts satire and parody that does not depend on technology or AI, and exempts bona fide news coverage that clearly acknowledges doubts about authenticity. Section 2(e) bars distributors from intentionally removing a disclaimer. Under Section 3, the Attorney General or a depicted individual may seek a permanent injunction. The plaintiff must prove by clear and convincing evidence that the defendant knew the media falsely represented the person. Section 3(b) sets a procedure for frivolous complaints. Under Section 3(d), a plaintiff other than the Attorney General may be awarded costs and attorney fees. The act would take effect October 1, 2026 (Section 4).

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