Law / United States / Pennsylvania

H.B. 811, civil liability for fraudulent misrepresentation of candidates by deepfake

Pa. H.B. 811, 2025-2026 Regular Session

Before the second chamber, dated , as of .

An AI transparency rule binding public and private bodies.

Criminal exposure
No
Private right of action
Yes
How the hook was established
express
What makes it apply
Operator establishment, Data subject residence
Obligation class
Prohibition, Content labelling
Audit expectation
none
Setting the rule reaches
Elections

Where it has got to

The text described here is Printer's Number 1819, as passed by the House. That print is PN 1819, published .

Locally, this stage is Senate Communications and Technology Committee.

The stage above is recorded at www.palegis.us.

More on this stage

House Communications and Technology Committee reported HB 811 as amended (PN 1819) 26-0 on . Re-committed to Rules and re-reported 33-0 on ; re-committed to Appropriations and re-reported 37-0, then passed the House 203-0 (third consideration and final passage) on . Referred to the Senate Communications and Technology Committee ; no action recorded since. The 2025-2026 session runs through .

What it requires

  • Do not knowingly and intentionally disseminate, within 90 days before an election and with willful or reckless disregard for influencing its outcome, a campaign advertisement containing a deepfake of a candidate intended to misrepresent the candidate's words, actions, or beliefs.NIST AI RMFMAP 3.3
  • A clear and conspicuous disclosure in the prescribed form, readable or audible to the viewer or listener, plus embedded tamper-evident content provenance identifying the content's creator and any subsequent editor, is a defense to liability.
  • Comply with a court order for the immediate removal of the campaign advertisement and cessation of the activity complained of, which a court may issue while an aggrieved candidate's civil action is pending.no control in the NIST AI RMF

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.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

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.

Who enforces it

Enforcement body

Private plaintiffs: a candidate aggrieved by a covered person may bring a civil action in a court of competent jurisdiction, and the court may impose the civil penalty in section 3(E). The bill names no public enforcer.

Settledness

The bill passed the House 203-0 and was referred to the Senate Communications and Technology Committee on , the last action recorded on the bill status page.

As of
Open questions
  • Is the civil penalty a court may impose under section 3(E) of H.B. 811 payable to the aggrieved candidate or to the Commonwealth?
  • Does "unique" synthetic content in section 3(E)(1) of H.B. 811 treat two advertisements that reuse the same deepfake clip with different surrounding material as one advertisement or two?

What it makes you log

Logging duty

Section 3 makes a covered person liable for disseminating, within 90 days before an election, a campaign advertisement containing a deepfake of a candidate, unless the advertisement carries the clear and conspicuous disclosure of subsection (b); subsection (c) adds that content carrying the disclosure must carry embedded, tamper-evident digital content provenance naming its creator and later editors. The provenance travels with the content itself rather than being kept as a separate log, and the bill states no duty to create, keep or produce on demand a record of it or of the disclosure.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

This measure passed the Pennsylvania House 203-0 on and was referred to the Senate Communications and Technology Committee on ; it has not been reported from that committee as of the date shown.

As passed by the House, a covered person is liable for fraudulent misrepresentation of a candidate if, within 90 days before an election and with willful or reckless disregard for the possibility of influencing its outcome, the person knowingly and intentionally disseminates a campaign advertisement containing an artificially generated impersonation of a candidate (a deepfake) intended to misrepresent the candidate's words, actions, or beliefs.

A covered person is not liable if the advertisement carries a clear and conspicuous disclosure in a prescribed form, in a size or manner readable or audible to the viewer or listener, and content bearing the disclosure must also carry embedded, tamper-evident digital content provenance identifying its creator and any subsequent editor.

An aggrieved candidate may seek an order for immediate removal of the advertisement, and a court may impose a civil penalty per day of dissemination of up to $15,000 for a municipal candidate, $50,000 for a state candidate, or $250,000 for a candidate for President, Vice President, the U.S. Senate, or the U.S. House, doubled for a political action committee that only makes independent expenditures.

When LexLint raises it

When your app profile says your app generates audio with AI, generates images with AI or generates video with AI.

Back to the example  ·  Lint your app

Page updated .