On March 7, 2024, Senate Bill 131 for the Information Technology Act Amendments was enrolled, following its signature on February 26, 2024, by the President of the Utah State Senate and Speaker of the Utah House of Representatives. The bill was introduced to the Senate on January 22, 2024.

What is the scope of the bill?

In particular, the bill applies to audio or visual communication that:

• is paid for by a candidate campaign committee, political action committee, political issues committee, political party, or a person using a contribution;
• is intended to influence voting for or against a candidate or ballot proposition in an election or primary in Utah; and
• contains synthetic media.

'Synthetic audio media' is defined as 'audio content that was substantially produced by generative artificial intelligence.' While 'synthetic visual media' is defined by the bill as 'an image or video that was substantially produced by generative artificial intelligence.'

Obligations

Specifically, any audio communication described above that contains synthetic audio media must include audibly at the beginning and end of the communication the words 'Contains content generated by AI.'

Whereas, the bill stipulates that a visual communication described above that contains synthetic visual media must include, in legible writing, the words:

• 'This video content generated by AI' if the content is a video that includes synthetic visual media but not synthetic audio media;
• 'This image generated by AI' if the content is an image that includes synthetic visual media but not synthetic audio media;
• 'This audio content generated by AI' if the video includes synthetic audio media but not synthetic visual media; or
• 'This content generated by AI' if the communication includes both synthetic audio media and synthetic visual media.

In addition, a creator or sponsor who publishes an online digital audio or visual communication that is viewable, audible, or accessible in Utah must ensure the advertisement contains tamper-evident digital content provenance disclosing:

• the initial author and creator of the content;
• any subsequent entities edited, altered, or otherwise modified; and
• any use of generative artificial intelligence (AI).

Notably, 'digital content provenance' is defined by the bill as 'purely factual information that:

• details a digital resource's creator, origin, context, history, and editing process; and
• conforms to an open industry technical standard.'

The bill provides for its entrance into effect of the above provisions on May 1, 2024.

You can read and track the bill's progress here.

Update: March 18, 2024

Bill signed by Governor 

On March 13, 2024, the bill was signed by the Governor of Utah.

The bill's provisions on AI in political advertising will come into force on May 1, 2024.

You can read the bill and track its progress here.