§ NRS § 294A.3493Disclosure required on certain communications that include synthetic media; injunctive and equitable relief; limitation of liability

Disclosure required on certain communications that include
synthetic media; injunctive and equitable relief; limitation of liability.

1.  Any communication made or paid for by a
person, organization, candidate, personal campaign committee of a candidate,
committee for political action or committee sponsored by a political party that
is made in support of or opposition to a candidate, group of candidates or
political party, that provides information about political or social issues
with the intent to influence the outcome of an election or that solicits
contributions for a candidate, group of candidates or political party and
includes any form of synthetic media in the communication must disclose on the
communication in a clear and conspicuous manner:



This
(image/video/audio) has been manipulated.



2.  The disclosure required pursuant to
subsection 1 must be provided in accordance with the following requirements:

(a) For a communication made using visual media
that is a video, the disclosure must appear for the entire duration of the
video; and

(b) For a communication made using only audio,
the disclosure must be read in a clearly spoken manner, in a pitch that can be
easily heard by the average listener and in the same language as the rest of
the audio:

(1) At the beginning of the audio;

(2) At the end of the audio; and

(3) If the audio is longer than 2 minutes
in length, interspersed within the audio at intervals of not more than 2
minutes each. 

3.  Any candidate who is depicted in any
communication that includes synthetic media and which communication fails to
include the disclosure required pursuant to subsection 1 may seek an injunction
or other equitable relief in district court against the person, candidate,
personal campaign committee of a candidate, committee for political action or
committee sponsored by a political party who made or paid for the
communication.

4.  Nothing in this section shall be
construed to impose liability for a violation of subsection 1 upon:

(a) Any streaming service, interactive computer
service provider, cloud service provider or internet service provider;

(b) A radio broadcasting station, television
broadcasting station, telecommunications network or cable or satellite
television operator;

(c) Any programmer or producer of radio or
television broadcasting content; or

(d) Any person who publishes synthetic media as
part of entertainment as a satire or parody.

5.  As used in this section:

(a) “Artificial intelligence” means a
machine-based system that, for explicit or implicit objectives, infers from the
input it receives how to generate outputs such as predictions, content,
recommendations or decisions that can influence physical or virtual
environments. 

(b) “Generative adversarial network” means a
framework for machine learning that uses adversarial training towards the
development of generative artificial intelligence. 

(c) “Generative artificial intelligence” means a
technology of artificial intelligence that is capable of creating content such
as text, audio, image or video based on patterns learned from large volumes of
data rather than being explicitly programmed with rules. 

(d) “Interactive computer service” has the
meaning ascribed to it in 47 U.S.C. § 230(f)(2).

(e) “Synthetic media” means an image, audio
recording or video recording of the appearance, speech or conduct of a person
that has been intentionally manipulated with the use of generative adversarial
network techniques, artificial intelligence or generative artificial
intelligence to create a realistic but false image, audio recording or video
recording that produces:

(1) A depiction that to a reasonable
natural person is of a real natural person in appearance, action or speech but
that did not actually occur in reality or was not authentically captured or
recorded; and

(2) A fundamentally different
understanding or impression of the appearance, action or speech of a person
than what a reasonable natural person would have from viewing or listening to
the unaltered original version of the image, audio recording or video
recording.