Law / United States / 
New Mexico
HB 182 (2024), AI-generated and manipulated media disclosure and disclaimer requirements in campaign advertising
N.M. Stat. Ann. §§ 1-19-26.4, 1-19-26.8
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2024. Publisher's page: https://www.nmlegis.gov/Sessions/24%20Regular/final/HB0182.pdfIn force since .
An AI transparency rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Place of effect
- Obligation class
- Content labelling, Disclosure, Prohibition
- Audit expectation
- none
- Setting the rule reaches
- Elections
What it requires
- Include a disclaimer stating the content has been manipulated or generated by artificial intelligence on a campaign advertisement containing materially deceptive media (an image, video or audio depicting an identifiable individual doing or saying something they did not do or say, published without that person's consent, and produced in whole or in part using artificial intelligence).NIST AI RMFMEASURE 2.8
- Display the disclaimer legibly for the duration of a video, or speak it clearly at the beginning and end of an audio message and at intervals of no more than two minutes if the audio runs longer, or both for mixed media.NIST AI RMFMEASURE 2.8
- Do not distribute, or agree with another person to distribute, materially deceptive media about a candidate or ballot question; a first violation is a misdemeanor and a second is a fourth degree felony, and a depicted individual, an injured candidate, or a voter-representing organization, not only the state, may seek an injunction.NIST AI RMFMAP 3.3
- The duty does not apply to a bona fide news broadcast that discloses the manipulation, a broadcaster that supplied and disclosed its own disclaimer requirements to the advertisement's purchaser, or genuine satire or parody that itself includes the required disclaimer.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- 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
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- OWASP Agentic Top 10
- ASI09Human-Agent Trust Exploitation
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-DET-021Agent Decision Audit and Explainability
- ETSI EN 304 223
- 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
- 5.1.3-2Threats developers cannot resolve are passed to operators and on to end-users.
- 5.1.4-5End-users told which uses of the system are prohibited.
- 5.3.1-1Users told where and how their data is used, accessed and stored, with developers informing operators.
- 5.3.1-2.1That guidance covers proper use, limits and likely failure modes.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
A person who willfully and knowingly distributes, or agrees with another person to distribute, materially deceptive media in violation of Section 1-19-26.8 is guilty of a misdemeanor for a first conviction and a fourth degree felony for a second conviction.
Penalty structure
Civil penalty under Section 1-19-34.6(C) for a violation of the Section 1-19-26.4(D) disclaimer duty; distributing materially deceptive media without consent under Section 1-19-26.8 is instead, or additionally, prosecuted as a crime.
- Rule
- Per violation only
- As of
- Currency
- USD
- Fixed cap
- 20,000
- Per violation unit
- Violation
- Per violation amount
- 1,000
Who enforces it
Enforcement body
The attorney general or a district attorney, on referral from the secretary of state or without one, brings the civil penalty action under Section 1-19-34.6 and may enforce Section 1-19-26.8 by injunction; a depicted individual, an injured candidate or a voter-representing organization may also seek injunctive relief under Section 1-19-26.8(E).
Settledness
- As of
- Open questions
- Does "election" as defined in NMSA 1978, § 1-19-26(N), which excludes federal, municipal, school board and special district elections, limit the ninety-day prohibition in Section 1-19-26.8(A)(2) to media distributed before the elections that definition covers?
What it makes you log
Logging duty
Section 1-19-26.4 requires a disclaimer on a campaign advertisement containing materially deceptive media, and Section 1-19-26.8 separately prohibits distributing such media about a candidate or ballot question. Neither section states a duty for anyone to create, keep, or produce a record; enforcement runs through the civil penalty at Section 1-19-34.6(C), a criminal charge under Section 1-19-26.8(D), and injunctive relief sought by the parties Section 1-19-26.8(E) names.
- Kind
- None
- As of
What this law does
Section 1-19-26.4, as amended by 2024's HB 182, requires a person who creates, produces or purchases a campaign advertisement containing materially deceptive media to include a disclaimer stating that the content has been manipulated or generated by artificial intelligence, displayed legibly for the duration of a video and spoken clearly at the start and end of an audio message (and at least every two minutes if longer than two minutes).
Materially deceptive media is defined as an image, video or audio that depicts an individual engaged in conduct or speech in which they did not engage, published without the depicted individual's consent, and produced in whole or in part using artificial intelligence.
The duty does not apply to a bona fide news broadcast that discloses the manipulation, a broadcaster that supplied and disclosed its own disclaimer requirements to advertisement purchasers, or an advertisement that reasonably constitutes satire or parody if it includes the required disclaimer.
A new Section 1-19-26.8, also enacted by HB 182, separately makes it a violation of the Campaign Reporting Act to distribute, or to agree with another person to distribute, materially deceptive media, and allows the attorney general, a district attorney, a falsely depicted individual, an injured or likely-to-be-injured candidate, or a voter-representing organization to seek injunctive relief.
A first conviction under Section 1-19-26.8 is a misdemeanor and a second conviction is a fourth degree felony. Failing to include the Section 1-19-26.4(D) disclaimer is separately subject to a civil penalty of up to one thousand dollars per violation, capped at twenty thousand dollars in total, under Section 1-19-34.6(C).
HB 182 carried no separate effective-date clause, so it takes effect under Article IV, Section 23 of the New Mexico Constitution: a law without an emergency clause takes effect ninety days after the adjournment of the legislature that enacted it. The 2024 legislative session adjourned sine die on , placing the Act's commencement, ninety days later, at .
When LexLint raises it
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