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 33 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.