H.R. 5272

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5272 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5272

To prohibit the distribution of materially deceptive AI-generated audio 
or visual media relating to candidates for Federal office, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 10, 2025

Ms. Johnson of Texas (for herself, Mr. Fitzpatrick, Ms. Houlahan, and 
Mr. Tony Gonzales of Texas) introduced the following bill; which was 
referred to the Committee on House Administration

_______________________________________________________________________

A BILL

To prohibit the distribution of materially deceptive AI-generated audio 
or visual media relating to candidates for Federal office, and for 
other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protect Elections from Deceptive AI 
Act''.

SEC. 2. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AI-
GENERATED AUDIO OR VISUAL MEDIA PRIOR TO ELECTION.

(a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the 
following new section:

``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AI-
GENERATED AUDIO OR VISUAL MEDIA.

``(a) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual' 
means a candidate for Federal office.
``(2) Deceptive ai-generated audio or visual media.--The 
term `deceptive AI-generated audio or visual media' means an 
image, audio, or video that--
``(A) is the product of artificial intelligence or 
machine learning, including deep learning techniques, 
that--
``(i) merges, combines, replaces, or 
superimposes content onto an image, audio, or 
video, creating an image, audio, or video that 
appears authentic; or
``(ii) generates an inauthentic image, 
audio, or video that appears authentic; and
``(B) a reasonable person, having considered the 
qualities of the image, audio, or video and the nature 
of the distribution channel in which the image, audio, 
or video appears--
``(i) would have a fundamentally different 
understanding or impression of the appearance, 
speech, or expressive conduct exhibited in the 
image, audio, or video than that person would 
have if that person were hearing or seeing the 
unaltered, original version of the image, 
audio, or video; or
``(ii) would believe that the image, audio, 
or video accurately exhibits any appearance, 
speech, or expressive conduct of a person who 
did not actually exhibit such appearance, 
speech, or expressive conduct.
``(3) Federal election activity.--The term `Federal 
election activity' has the meaning given the term in section 
301(20)(A)(iii).
``(b) Prohibition.--Except as provided in subsection (c), a person, 
political committee, or other entity may not knowingly distribute 
materially deceptive AI-generated audio or visual media of a covered 
individual, or in carrying out a Federal election activity, with the 
intent to--
``(1) influence an election; or
``(2) solicit funds.
``(c) Inapplicability to Certain Entities.--This section shall not 
apply to the following:
``(1) A radio or television broadcasting station, including 
a cable or satellite television operator, programmer, or 
producer, or a streaming service that broadcasts materially 
deceptive AI-generated audio or visual media prohibited by this 
section as part of a bona fide newscast, news interview, news 
documentary, or on-the-spot coverage of bona fide news events, 
if the broadcast clearly acknowledges through content or a 
disclosure, in a manner that can be easily heard or read by the 
average listener or viewer, that there are questions about the 
authenticity of the materially deceptive AI-generated audio or 
visual media.
``(2) A regularly published newspaper, magazine, or other 
periodical of general circulation, including an internet or 
electronic publication, that routinely carries news and 
commentary of general interest, and that publishes materially 
deceptive AI-generated audio or visual media prohibited under 
this section, if the publication clearly states that the 
materially deceptive AI-generated audio or visual media does 
not accurately represent the speech or conduct of the covered 
individual.
``(3) Materially deceptive AI-generated audio or visual 
media that constitutes satire or parody.
``(d) Civil Action.--
``(1) Injunctive or other equitable relief.--
``(A) In general.--A covered individual whose voice 
or likeness appears in, or who is the subject of, a 
materially deceptive AI-generated audio or visual 
media, including content distributed as part of a 
Federal election activity, distributed in violation of 
this section may seek injunctive or other equitable 
relief prohibiting the distribution of materially 
deceptive AI-generated audio or visual media in 
violation of this section.
``(B) Precedence.--An action under this paragraph 
shall be entitled to precedence in accordance with the 
Federal Rules of Civil Procedure.
``(2) Damages.--
``(A) In general.--A covered individual whose voice 
or likeness appears in, or who is the subject of, a 
materially deceptive AI-generated audio or visual 
media, including content distributed as part of a 
Federal election activity, distributed in violation of 
this section may bring an action for general or special 
damages against the person, committee, or other entity 
that distributed the materially deceptive AI-generated 
audio or visual media.
``(B) Attorney's fees and costs.--In addition to 
any damages awarded under subparagraph (A), the court 
may also award a prevailing party reasonable attorney's 
fees and costs.
``(C) Rule of construction.--Nothing in this 
paragraph shall be construed to limit or preclude a 
plaintiff from securing or recovering any other 
available remedy.
``(3) Burden of proof.--In any civil action alleging a 
violation of this section, the plaintiff shall bear the burden 
of establishing the violation through clear and convincing 
evidence.''.
(b) Effect on Defamation Action.--For purposes of an action for 
defamation, a violation of section 325 of the Federal Election Campaign 
Act of 1971, as added by subsection (a), shall constitute defamation 
per se.
(c) Severability.--If any provision of this Act, or an amendment 
made by this Act, or the application of such provision to any person or 
circumstance, is held to be invalid, the remainder of this Act, or an 
amendment made by this Act, or the application of such provision to 
other persons or circumstances, shall not be affected.
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