Virginia moves to require disclosure on AI-generated political memes

The measure, Senate Bill 141, aims to implement disclosure requirements and penalties on certain political posts that contain AI or other “synthetic media.” Under the proposal, the disclosure would read, “This message contains synthetic media that has been altered from its original source or artificially generated and may present conduct or speech that did not occur.” The disclaimer would apply to AI-generated social media content about a candidate that is posted within 60 days of an election.

The bill was introduced by state Senator Saddam Azlan Salim, an immigrant from Bangladesh. Should it pass, the legislation would create a civil penalty of up to $25,000 for violations and establish a Class 1 misdemeanor for willful violations. It also permits any registered voter who receives an “electronic communication” in violation of the requirement to file a lawsuit seeking preventative relief, including a temporary injunction to block publication or dissemination of the content.

The bill passed the Virginia Senate 34-4 in February.

Similar laws in other states have already faced legal scrutiny. California enacted similar measures last year, which the courts have pushed back on over free speech concerns. Hawaii also passed a comparable law that was struck down earlier this year.

The legislation comes as Democrats have made gains in Virginia, including the election of Democratic Governor Abigail Spanberger. Since taking office this year, Democratic lawmakers have pursued a range of far-left policy initiatives, including proposals to end state cooperation with federal immigration authorities, reduce mandatory minimum sentences on certain crimes including rape and manslaughter, raise taxes, require certain government contracts to give preferential treatment to non-white and women-owned businesses, and amend the state constitution to add abortion access protections.