H1072: Require Disclaimer/Use of AI in Political Ads. Latest Version

Session: 2023 - 2024

Passed 1st Reading

AN ACT to require disclaimer in political advertisements using artificial intelligence (A.i.).

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 75‑104(b) reads as rewritten:

(b)      Notwithstanding subsection (a) of this section, a person may use an automatic dialing and recorded message player to make an unsolicited telephone call only under one or more of the following circumstances:

(1)        All of the following are satisfied:

a.         The person making the call is any of the following:

1.         A tax‑exempt charitable or civic organization.

2.         A political party or political candidate.candidate and the call satisfies the requirements of G.S. 163‑278.18A.

3.         A governmental official.

4.         An opinion polling organization, radio station, television station, cable television company, or broadcast rating service conducting a public opinion poll.

b.         No part of the call is used to make a telephone solicitation.

c.         The person making the call clearly identifies the person's name and contact information and the nature of the unsolicited telephone call.


SECTION 2.  Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:

§ 163‑278.18A.  Require disclaimer for use of artificial intelligence in political advertisements.

(a)        For purposes of this section, the following definitions shall apply:

(1)        Artificial intelligence. – The capability of computer systems or algorithms to imitate intelligent human behavior. The term includes generative artificial intelligence.

(2)        Political advertisement. – An advertisement as defined under G.S. 163‑278.38Z(1), including communications sent by email, text, automated calling, or appearing on a website or social media platforms.

(b)        If a political advertisement is created in whole or in part by using artificial intelligence, the political advertisement shall comply with the disclosure requirements under G.S. 163‑278.39 and the requirements of this section. The disclaimer shall bear in its legend or include the statement: This advertisement was created using artificial intelligence.

(c)        When a political advertisement using artificial intelligence is transmitted by a social media platform, the disclosure statement shall comply with the size requirements provided in G.S. 163‑278.39(b). When a political advertisement using artificial intelligence is transmitted through automated calling, the disclosure statement shall last at least two seconds, provided the statement is spoken so that its contents may be easily understood.

(d)       Any candidate, candidate campaign committee, political party organization, political action committee, referendum committee, individual, or other sponsor using artificial intelligence in a political advertisement that fails to include the disclaimer required by this section is guilty of a Class 1 misdemeanor.

SECTION 3.  This act is effective when it becomes law and applies to political advertisements using artificial intelligence on or after that date.