04/29/2025 03:30 PM Senate STATE AFFAIRS

          SB  33-SYNTHETIC MEDIA: LIABILITY; ELECTIONS                                                                      
                                                                                                                                
3:49:52 PM                                                                                                                    
CHAIR  KAWASAKI   reconvened  the   meeting  and   announced  the                                                               
consideration  of  SENATE  BILL  NO.   33  "An  Act  relating  to                                                               
defamation claims based  on the use of  synthetic media; relating                                                               
to the  use of synthetic media  in electioneering communications;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
3:50:23 PM                                                                                                                    
SENATOR  MIKE  CRONK,  District   R,  Alaska  State  Legislature,                                                               
Juneau,  Alaska,   sponsor  of   SB  33  said   the  bill   is  a                                                               
reintroduction of last year's House  Bill 58. He read the sponsor                                                               
statement:                                                                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     "An Act relating to defamation  claims based on the use                                                                    
     of synthetic  media; relating to  the use  of synthetic                                                                    
     media in  electioneering communications;  and providing                                                                    
     for an effective date."  The introduction of Artificial                                                                    
     Intelligence  and  synthetic  media  into  modern  mass                                                                    
     communication systems is  a new topic that  is ripe for                                                                    
     debate.   Synthetic   media  production   software   is                                                                    
     becoming  more  advanced by  the  day  and is  reaching                                                                    
     exciting,  but   dangerous  capabilities.  It   is  now                                                                    
     possible for  the voices and  images of  public figures                                                                    
     to be manipulated to depict  a real person with uncanny                                                                    
     resemblance.  Without  a  discerning  eye,  manipulated                                                                    
     images and  audios can often  be mistaken as  a genuine                                                                    
     source.  SB 33  is  written as  simply  as possible  to                                                                    
     address  the use  of synthetic  media  to create  false                                                                    
     identities   and   cause    harm.   Without   statutory                                                                    
     protections,   individuals    and   organizations   are                                                                    
     susceptible to wrongful harm  and reputation damage. SB
 establishes  those safeguards and ensures  that your                                                                    
     voice and image will only be yours and safe from harm.                                                                     
                                                                                                                                
3:51:46 PM                                                                                                                    
PAUL MENKE, Staff, Senator Mike Cronk, Alaska State Legislature,                                                                
Juneau, Alaska, provided the sectional analysis for SB 33:                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                  Sectional Analysis for SB 33                                                                                
                                                                                                                                
     "An Act relating to defamation claims based on the use                                                                     
      of synthetic media; relating to the use of synthetic                                                                      
     media in electioneering communications; and providing                                                                      
                    for an effective date."                                                                                     
                                                                                                                                
     Section 1                                                                                                              
                                                                                                                                
     Amends AS 09.65 by adding  a new section, AS 09.65.360,                                                                    
     which establishes  that defamation based on  the use of                                                                    
     a deepfake  is a claim  for defamation per  se, meaning                                                                    
     it is presumed to be  damaging to a person's reputation                                                                    
     without any additional proof of harm.                                                                                      
                                                                                                                                
3:52:26 PM                                                                                                                    
MR. MENKE continued with the sectional analysis for SB 33:                                                                      
                                                                                                                                
     Section 2:                                                                                                             
                                                                                                                                
     Amends AS 15.80 to include  a new section, AS 15.80.009                                                                    
     (Synthetic media  in electioneering  communications) to                                                                    
     prohibit a person from  knowingly using synthetic media                                                                    
     in campaign  material. It  provides that  an individual                                                                    
     who  is harmed  by such  behavior may  bring an  action                                                                    
     recover   damages,   attorney   fees,  costs,   or   an                                                                    
     injunction    against   the    person   who    created,                                                                    
     disseminated, or  removed a  disclosure. It  does allow                                                                    
     the  use   of  altered  material  if   it  is  properly                                                                    
     disclosed as material that has been manipulated.                                                                           
                                                                                                                                
     Section 3:                                                                                                             
                                                                                                                                
     Provides  for  an  immediate effective  date  under  AS                                                                    
     01.10.070(c)                                                                                                               
                                                                                                                                
3:53:34 PM                                                                                                                    
CHAIR KAWASAKI said he is  familiar with last year's bill, noting                                                               
that  the  Broadcasters  Association  requested  protection  from                                                               
liability   for   publishing   information  they   believed   was                                                               
legitimate though  later found false. He  asked for clarification                                                               
on Section 2(e).                                                                                                                
                                                                                                                                
3:54:16 PM                                                                                                                    
MR. MENKE stated that Section 2(e) on page 3, lines 1-6 reads:                                                                  
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     An  interactive  computer   service,  Internet  service                                                                    
     provider,  cloud  service provider,  telecommunications                                                                    
     network, or radio  or television broadcaster, including                                                                    
     a cable  or satellite television  operator, programmer,                                                                    
     or  producer,  is not  liable  under  this section  for                                                                    
     hosting, publishing, or  distributing an electioneering                                                                    
     communication   provided   by  another   person.   This                                                                    
     subsection   does  not   prevent  an   individual  from                                                                    
     bringing  an action  under (b)(3)  of this  section for                                                                    
     removing a disclosure statement.                                                                                           
                                                                                                                                
MR. MENKE  replied that the only  instance in which one  of these                                                               
entities  would  be  liable  is   if  the  entity  physically  or                                                               
electronically removed the disclosure themselves.                                                                               
                                                                                                                                
3:55:48 PM                                                                                                                    
CHAIR KAWASAKI  opened public testimony  on SB 33; he  found none                                                               
and kept public testimony open.                                                                                                 
                                                                                                                                
3:56:29 PM                                                                                                                    
CHAIR KAWASAKI held SB 33 in committee.