Law / United States / Idaho

FAIR Elections Act, disclosure duty for synthetic media in electioneering communications

Idaho Code section 67-6628A

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force since 25 March 2024.

An AI transparency rule binding public and private bodies.

As of 6 September 2026.

What it requires

  • If you create or develop synthetic media (audio or video generated or manipulated using generative adversarial network techniques or similar digital technology) that deceptively depicts a candidate's action or speech in an electioneering communication, disclose that the media has been manipulated; a stated on-screen disclosure for video, or a spoken disclosure at defined intervals for audio, is an affirmative defense to liability under this section.
  • As an interactive computer service or distributing medium, you are not liable under this section merely for disseminating another's electioneering communication, unless you remove the required disclosure yourself or you alter the content so that it becomes synthetic media.
  • A depicted candidate may seek an injunction against publication and sue for general and special damages plus attorney's fees; the candidate must prove the use of synthetic media by clear and convincing evidence.

If you get it wrong

Private right of actionYes

What it reaches

Obligation class

Content labelling

What this law does

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

A candidate whose action or speech is deceptively represented through synthetic media (an audio or video recording created using generative adversarial network techniques or other digital technology to depict a real event, action, or speech that did not occur, giving a fundamentally different impression than the unaltered original) in an electioneering communication may seek injunctive relief prohibiting publication and may sue the information content provider that created or developed the content for general and special damages, plus attorney's fees and costs.

It is an affirmative defense that the communication carries a stated disclosure that it has been manipulated, displayed for a video's full duration in an easily readable size, or spoken at the start, end, and every two minutes of audio over two minutes long; the plaintiff bears the burden of proving the use of synthetic media by clear and convincing evidence.

A distributing medium, rather than the information content provider, is liable only if it strips the required disclosure or itself alters the content into synthetic media. Enacted as House Bill 664 (2024 Regular Session), signed by the Governor and effective March 25, 2024 (Session Law Chapter 172). An earlier version of the same policy, House Bill 426, was returned to the House State Affairs Committee on February 5, 2024, and did not advance under its own number.

When LexLint raises it

  • generates_content

Read the law

official Idaho Statutes text, Idaho State Legislature website

Back to the example  ·  Lint your app