Oregon Revised Statutes Chapter 260 § 260.268 — Campaign communication to disclose use of synthetic media; process to enjoin

Campaign communication to disclose use of synthetic media; process to enjoin violation; civil penalty as exclusive remedy; exclusions from disclosure requirement. (1) As used in this section: (a)(A) “Campaign communication” means a communication in support of or in opposition to a clearly identified candidate or measure, as defined in ORS 260.005 (10)(c). (B) Notwithstanding ORS 260.005 (10)(c)(B)(i), a campaign communication may involve aggregate expenditures of any amount. (b) “Synthetic media” means an image, audio recording or video recording of an individual’s appearance, speech or conduct that has been intentionally manipulated with the use of artificial intelligence techniques or similar digital technology in a manner to create a realistic but false image, audio recording or video recording that produces: (A) A depiction that a reasonable person would believe is of a real individual in appearance, speech or conduct but that did not actually occur in reality; and (B) A materially different understanding or impression than a reasonable person would have from the unaltered, original version of the image, audio recording or video recording. (2) A campaign communication that includes any form of synthetic media must include a disclosure stating that the image, audio recording or video recording has been manipulated. (3) The Secretary of State may institute proceedings to enjoin any violation of this section. The Attorney General may institute proceedings to enjoin any violation of this section by the Secretary of State, a candidate for the office of the Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of the Secretary of State. In any action brought under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders, or take any other actions as the court may deem proper. A restraining order, prohibition or injunction may be issued under this section without proof of injury or damage to any person. The circuit court shall give priority to the hearing and determination under this section. The court shall award the prevailing party reasonable attorney fees at trial and on appeal. (4) Upon proof of any violation of this section, the court shall impose a civil penalty of not more than $10,000. All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund. (5) The remedy provided by this section is the exclusive remedy for a violation of this section. (6) This section does not apply to: (a) A provider of an interactive computer service, as defined in 47 U.S.C. 230(f), or an information service, as defined in 47 U.S.C. 153; (b) A radio or television station, including a cable or satellite television operator, programmer or producer, that broadcasts a campaign communication that includes synthetic media as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast or publication clearly acknowledges through content or disclosure, in a manner that can be easily heard and understood or read by the average listener or viewer, that there are questions about authenticity in the communication; (c) A radio or television broadcasting station, including a cable or satellite television operator, programmer or producer, an Internet website or an online platform, when the station, website or platform is paid to broadcast or publish a campaign communication that includes synthetic media; (d) A regularly published newspaper, magazine or other periodical of general circulation, including an Internet or electronic publication, or an Internet service or website provider, that publishes a campaign communication that includes synthetic media, if the communication includes a statement that the synthetic media contained therein does not accurately represent a ballot issue or candidate; or (e) Content that constitutes satire, parody or that is substantially dependent on the ability of an individual to physically or verbally impersonate a candidate without the use of technology. [2024 c.62 §1]