HOUSE OF REPRESENTATIVES

H.B. NO.

1734

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to artificial intelligence.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that the integration of artificial intelligence technologies has become increasingly prevalent in political campaigns, influencing the dissemination of information, voter engagement, and electoral outcomes. Due to the potential impact of artificial intelligence on the democratic process, it is imperative to establish mechanisms that promote openness, fairness, and ethical conduct in political campaigns.

     The legislature also finds that the responsible use of artificial intelligence demands disclosure to enable voters to make informed decisions about the candidates they support. While acknowledging the potential benefits associated with the use of artificial intelligence, it is essential to establish a framework that upholds impartiality and safeguards the democratic principles vital to the electoral process.

     The purpose of this Act is to require the disclosure of the use of artificial intelligence in political campaigns.

     SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part XIII, subpart H to be appropriately designated and to read as follows:

     "§11-     Advertisements; generative artificial intelligence; disclosures.  (a)  Any advertisement that contains an image, video footage, or audio recording that is created in whole or in part with the use of generative artificial intelligence shall include a clear and conspicuous statement that discloses that use of generative artificial intelligence in creating the image, video footage, or audio recording.

     (b)  A statement required pursuant to this section shall be considered to be clear and conspicuous if the statement meets the following requirements, as applicable:

     (1)  If the advertisement consists of still images, text, or both, without any video footage or audio recording, the statement shall:

          (A)  Appear in a font that is not smaller than the majority of the text in the advertisement;

          (B)  Be contained in a printed box set apart from the other contents of the communication; and

          (C)  Be printed with a reasonable degree of color contrast between the background and the printed statement;

     (2)  If the advertisement includes any audio recording, the statement shall be made in a clearly audible and intelligible manner at the beginning or end of the advertisement, for no less than three seconds; or

     (3)  If the advertisement contains video footage, the statement shall:

          (A)  Be included at either the beginning or the end of the advertisement;

          (B)  Appear in a written format that is clearly comprehensible and otherwise meets the requirements of paragraph (1) and appears for at least four seconds; and

          (C)  Also be made in a audible manner, pursuant to paragraph (2); provided that this subparagraph shall not apply if the advertisement does not contain any other audio recording.

     (c)  Any candidate, candidate committee, or noncandidate committee that violates this section shall be subject to a fine under section 11-410.

     (d)  The commission shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

     (e)  For the purposes of this section, "generative artificial intelligence" means the use of computers, machines, or similar technology to create an artificial image, video footage, or audio recording of an actual person, place, or thing that a reasonable third party would likely perceive to be an actual image, video footage, or an audio recording of that person, place, or thing."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2024.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Campaigns; Advertisements; Artificial Intelligence; Disclosures

 

Description:

Requires any campaign advertisement that contains any image, video footage, or audio recording that is created with the use of generative artificial intelligence to include a disclosure statement regarding the use of that technology.  Subjects violators to administrative fines.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.