United States of America: Signed Act on Artificial Intelligence Use in Political Advertising (HB 919)

On 26 April 2024, the Act on Artificial Intelligence Use in Political Advertising (HB 919) was signed into law by the Governor of the State of Florida. The Act regulates the use of generative artificial intelligence (AI) in political advertising and mandates that any political advertisement, electioneering communication, or miscellaneous advertisement that utilises generative AI to create content which appears to depict a real person performing an action that did not occur in reality, must include a clear disclaimer stating, 'Created in whole or in part with the use of generative artificial intelligence.' The Act defines generative AI as a system capable of emulating data to generate synthetic content, including images, videos, and texts. It sets forth penalties for non-compliance, including civil penalties and the classification of omission as a first-degree misdemeanour. In addition, the Act prescribes a process for the resolution of civil complaints to the Florida Elections Commission in case of violations of the AI disclaimer requirement. The Act is set to come into effect on 1 July 2024.