Law / United States / 
Idaho
FAIR Elections Act, disclosure duty for synthetic media in electioneering communications
In force since .
An AI transparency rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Content labelling
- Audit expectation
- none
- Setting the rule reaches
- Elections
What it requires
- If you create or develop synthetic media (audio or video generated or manipulated using generative adversarial network techniques or similar digital technology) that deceptively depicts a candidate's action or speech in an electioneering communication, disclose that the media has been manipulated; a stated on-screen disclosure for video, or a spoken disclosure at defined intervals for audio, is an affirmative defense to liability under this section.
- As an interactive computer service or distributing medium, you are not liable under this section merely for disseminating another's electioneering communication, unless you remove the required disclosure yourself or you alter the content so that it becomes synthetic media.
- A depicted candidate may seek an injunction against publication and sue for general and special damages plus attorney's fees; the candidate must prove the use of synthetic media by clear and convincing evidence.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
- NIST AI 600-1
- GAI-RISK-07Human-AI Configuration
- GAI-RISK-08Information Integrity
- OWASP Agentic Top 10
- ASI09Human-Agent Trust Exploitation
- MIT mitigations Draft
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
Private enforcement only: the candidate whose action or speech is deceptively represented, through an action for injunctive or other equitable relief and an action for damages; the section names no public enforcer.
Settledness
- As of
- Open questions
- Does 'synthetic media', defined in section 67-6628A(2)(c) as 'an audio recording or a video recording', reach a still image or text created with generative techniques and published in an electioneering communication?
What it makes you log
Logging duty
Section 67-6628A creates the injunctive and damages remedies for a candidate depicted in synthetic media and the disclosure that serves as an affirmative defense; it states no duty to log or keep a record of a communication's use of synthetic media.
- Kind
- None
- As of
What this law does
A candidate whose action or speech is deceptively represented through synthetic media (an audio or video recording created using generative adversarial network techniques or other digital technology to depict a real event, action, or speech that did not occur, giving a fundamentally different impression than the unaltered original) in an electioneering communication may seek injunctive relief prohibiting publication and may sue the information content provider that created or developed the content for general and special damages, plus attorney's fees and costs.
It is an affirmative defense that the communication carries a stated disclosure that it has been manipulated, displayed for a video's full duration in an easily readable size, or spoken at the start, end, and every two minutes of audio over two minutes long; the plaintiff bears the burden of proving the use of synthetic media by clear and convincing evidence.
A distributing medium, rather than the information content provider, is liable only if it strips the required disclosure or itself alters the content into synthetic media. Enacted as House Bill 664 (2024 Regular Session), signed by the Governor and effective (Session Law Chapter 172). An earlier version of the same policy, House Bill 426, was returned to the House State Affairs Committee on , and did not advance under its own number.
When LexLint raises it
When your app profile says your app generates audio with AI or generates video with AI.
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