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HB 358

An Act relating to defamation claims based on the use of deepfakes; and relating to the use of deepfakes in electioneering communications.

33rd Legislature (2023-2024) Introduced by Mike Cronk and 4 co-sponsors

Alaska bill makes deepfakes defamatory when created to deceive and mandates disclaimers on election deepfakes, balancing free expression with protection against synthetic media misinformation.

(S) Moved SCS CSHB 358(JUD) Out of Committee
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Bill Summary · HB 358

Legislative bill overview

HB 358 creates legal pathways for individuals to sue for defamation based on deepfakes (synthetic media created using AI) and restricts the use of deepfakes in election-related communications. The bill establishes that creating or distributing false deepfakes with intent to deceive constitutes actionable defamation and requires disclaimers on deepfakes used in political advertising.

Why is this important

Deepfake technology has advanced rapidly, enabling creation of convincing false videos and images that can damage reputations and undermine democratic processes. Without legal frameworks, victims lack recourse while malicious actors face minimal consequences. This bill addresses growing public concern about synthetic media's role in misinformation campaigns, particularly during election cycles.

Potential points of contention

  • Free speech implications: Courts may struggle to distinguish between protected satire/parody and defamatory deepfakes, potentially chilling legitimate artistic or political speech
  • Technical burden of proof: Plaintiffs must prove "intent to deceive," which requires establishing the creator's state of mind—a challenging evidentiary standard that could limit practical remedy
  • Disclaimer effectiveness: Requiring disclaimers on political deepfakes may not prevent rapid spread of content on social media or ensure viewers actually see/read warnings
  • Definitional ambiguity: The bill's definition of "deepfake" may not account for borderline cases (minor edits, obvious satire, or newer synthetic techniques), creating litigation uncertainty

Compiled from official sources — confirm details with the bill’s official record.

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