Bill
HB 5141
Requires clear, conspicuous disclosure that political ads and related content are generated wholly or substantially by AI, with civil fines for noncompliance.
Status and context
- HB 5141 was enacted as Public Act No. 263 of 2023 (effective February 13, 2024). It is tie‑barred to HB 5143, which defines “artificial intelligence” for the Michigan Campaign Finance Act.
- The bill responds to concerns about AI‑generated campaign media (“deepfakes”) and requires disclosure when campaign material is created wholly or substantially with AI.
Purpose
- To require clear, conspicuous disclosure on political advertisements and certain other campaign communications that are generated in whole or substantially by artificial intelligence, so voters can identify AI‑generated campaign content.
Key definitions (from companion HB 5143)
- “Artificial intelligence” = a machine‑based system that, for human‑defined objectives, can perceive environments, abstract those perceptions into models, and use model inference to propose information or action (i.e., systems that make predictions, recommendations, or decisions).
Who/what is covered
- “Qualified political advertisement”: paid advertisements or sponsored content made by or on behalf of a candidate or committee (federal, state, local, or ballot question) that contains any image, audio, or video generated wholly or substantially with AI (includes formats such as search engine marketing, display ads, video, native ads, messaging ads, mobile app ads, sponsorships).
- Other covered communications: pictorial, audio, or video communications (not qualifying as the above) that reference an election, candidate, or ballot question and are generated wholly/substantially by AI.
- Prerecorded telephone messages generated wholly/substantially by AI.
Required disclosures and format rules
- Qualified political advertisements must include a clear, conspicuous statement that they were “generated in whole or substantially by artificial intelligence,” with format rules:
- Graphic/text communications: statement in letters at least as large as the majority of text; same language as the communication.
- Audio communications: statement spoken at the beginning or end, clearly audible for at least 3 seconds; same language.
- Video with audio: meet audio rule and display text statement for at least 4 seconds in letters at least as large as the majority of text (or otherwise easily readable); same language.
- Non‑qualified communications referencing elections/candidates must carry the disclaimer: “This communication was generated in whole or substantially by artificial intelligence.”
- Prerecorded phone message disclaimer: “This message was generated in whole or substantially by artificial intelligence.”
Enforcement, penalties, and remedies
- Violations of the qualified‑ad disclosure (Sec. 59) are treated as state civil infractions under the enacted substitute:
- First violation: civil fine up to $250.
- Second and subsequent violations: civil fine up to $1,000 per violation.
- Each advertisement distributed or aired in violation counts as a separate violation.
- Relief: Attorney General or an injured/likely‑injured candidate may seek injunctive relief in circuit court (county of party’s residence, Ingham County, or county where the violation could deceive and influence voters).
- Note: earlier committee versions proposed criminal penalties (misdemeanor/felony tiers) and a companion bill (HB 5142) addressed sentencing guidelines; final enacted text for HB 5141 uses civil infractions.
Exemptions
- Bona fide newscasts, interviews, documentaries, or live news coverage, if the broadcast clearly acknowledges the AI media does not accurately represent the depicted individual.
- Radio/TV stations when paid to broadcast political advertisements.
- Distribution platforms (news/commentary outlets) that routinely publish such ads, if they have a written policy requiring the disclosure and provide that policy to advertisers (platforms can show they gave notice to avoid liability).
- Qualified political advertisements that are satire or parody.
- Other limited exemptions noted in the enrolled version (e.g., certain regulated businesses).
Potential impacts
- Campaigns, political committees, consultants, ad platforms, and broadcasters must implement disclosure procedures and compliance checks.
- Fiscal impact to state/local government is indeterminate; civil fines are statutorily allocated (some revenue supports libraries/justice funds).
- Courts may see increased injunctive litigation or enforcement actions.
For more detail
- See the enacted text amending MCL 169.247 and adding Sec. 59 of the Michigan Campaign Finance Act (Public Act 263 of 2023).
Compiled from official sources — confirm details with the bill’s official record.
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