AI Frontier Institute

AI/Ban Deceptive Ads

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North Carolina House Bill 375 (2025) has not been enacted. It was filed March 11, 2025, and referred to committee (Commerce and Economic Development, then Election Law, Judiciary 2, and Rules). If enacted, it would create a new Chapter 170, the "Artificial Intelligence and Synthetic Media Act." The Chapter has four articles. Article 1 covers political campaigns. Within 90 days before an election, a creator or sponsor could not create and distribute a knowingly "deceptive and fraudulent deepfake" of a candidate or party without a clear AI disclosure (§ 170-2). Online political communications would also need tamper-evident digital content provenance. Anyone distributing political communications with "materially deceptive media" would have to add a "manipulated" disclosure, with exceptions for satire, parody, bona fide news, and platforms (§ 170-3). Candidates could seek injunctions and attorneys' fees. The plaintiff must prove the case by clear and convincing evidence. Violations are a Class 1 misdemeanor, rising to a Class A felony for repeat offenses or intent to cause violence or bodily harm (§ 170-4). Further exceptions appear in § 170-5. Article 2 covers sexual content. It makes creating or knowingly possessing or viewing AI-generated child pornography a Class A felony (§ 170-6). It makes disclosing a fabricated intimate image without consent a Class 1 misdemeanor, with a felony for repeat offenders (§ 170-7). It creates a civil cause of action with damages, including statutory damages up to $10,000 and punitive damages (§ 170-8). It sets good-faith exemptions (§ 170-9). It also sets evidence-handling, sealing, and destruction rules for AI-generated depictions of minors in court (§ 170-10). Article 3 requires disclosure of generative AI use in interactions with individuals, but only if the person asks. Disclosure is mandatory and prominent in regulated occupations (licensed professions). Violation is a Class A misdemeanor (§ 170-11). Article 4 makes remedies nonexclusive (§ 170-12). It also makes using generative AI to commit an offense no defense, and a defendant is guilty if the offense was committed with AI's aid (§ 170-13). It sets liberal construction, First Amendment and other law savings, and severability (§ 170-14). Under Section 2, the act would take effect December 1, 2025.

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