§ 169.259Use of artificial intelligence; political advertisements; requirements; disclosure;

violations; civil fines; exceptions; "qualified political advertisement" defined.
 Sec. 59.
    (1) If a person, committee, or other entity creates, originally publishes, or originally
 distributes a qualified political advertisement, the qualified political advertisement must
 include, in a clear and conspicuous manner, a statement that meets all of the following
 requirements, as applicable:
    (a) State that the qualified political advertisement was generated in whole or substantially
 by artificial intelligence.
    (b) If the qualified political advertisement is a graphic communication, appear in letters at
 least as large as the majority of the text in the graphic communication and be in the same
 language as the language used in the graphic communication.
    (c) If the qualified political advertisement is an audio communication, be spoken in a clearly
 audible and intelligible manner at the beginning or end of the communication, last at least 3
 seconds, and be in the same language as the language used in the audio communication.


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    (d) If the qualified political advertisement is a video communication that also includes
 audio, do all of the following:
    (i) Appear for at least 4 seconds in letters at least as large as the majority of any text
 communication, or if there is no other text communication, in a size that is easily readable by
 the average viewer.
    (ii) Be spoken in a clearly audible and intelligible manner at the beginning or end of the
 communication and last at least 3 seconds.
    (iii) Be in the same language as the language used in the video communication.
    (2) A person that violates subsection (1) is subject to the following:
    (a) For a first violation, the person is responsible for a state civil infraction and may be
 ordered to pay a civil fine of not more than $250.00.
    (b) For a second or subsequent violation, the person is responsible for a state civil infraction
 and may be ordered to pay a civil fine of not more than $1,000.00 for each violation.
    (3) Each qualified political advertisement that is distributed or aired to the public that
 violates this section is a separate violation under subsection (2).
    (4) This section does not apply to any of the following:
    (a) A radio or television broadcasting station, including a cable or satellite television
 operator, programmer, or producer that broadcasts a qualified political advertisement or a
 communication generated in whole or substantially by artificial intelligence 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 the qualified political
 advertisement or communication generated in whole or substantially by artificial intelligence
 does not accurately represent the speech or conduct of the depicted individual.
    (b) A radio or television broadcasting station, including a cable or satellite television
 operator, programmer, or producer, when the station is paid to broadcast qualified political
 advertisements.
    (c) A distribution platform, including, but not limited to, a website or 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 qualified political advertisements prohibited under this section, if the distribution
 platform has a clearly stated written policy, provided to any person, committee, or other entity
 that creates, seeks to publish, or originally distributes a qualified political advertisement, that
 the qualified political advertisement must include a statement consistent with subsection (1).
    (d) A qualified political advertisement that constitutes satire or parody.
    (e) A business or its affiliate if the business or its affiliate is regulated by the Michigan
 public service commission or the Federal Communications Commission.
    (5) A distribution platform, as described in subsection (4)(c), is not liable for the lack of
 disclosure content created in whole or substantially by artificial intelligence in a qualified
 political advertisement or prerecorded telephone message if the distribution platform can show
 that the distribution platform provided notice of its prohibitions related to a lack of disclosure
 of content created in whole or substantially by artificial intelligence in a qualified political
 advertisement or prerecorded telephone message.
    (6) As used in this section, "qualified political advertisement" means any paid
 advertisement, including, but not limited to, search engine marketing, display advertisements,
 video advertisements, native advertisements, issue advertisements, messaging service
 advertisements, mobile application advertisements, and sponsorships, relating to a candidate
 for federal, state, or local office in this state, any election to federal, state, or local office in this


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 state, or a ballot question that contains any image, audio, or video that is generated in whole or
 substantially with the use of artificial intelligence.