File #: Int 1196-2025    Version: * Name: Prohibiting the unauthorized depiction of public officials by artificial intelligence.
Type: Introduction Status: Committee
Committee: Committee on Governmental Operations, State & Federal Legislation
On agenda: 2/13/2025
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the unauthorized depiction of public officials by artificial intelligence
Sponsors: Nantasha M. Williams, Farah N. Louis
Council Member Sponsors: 2
Summary: This bill would permit elected officials and candidates for elected office to notify, in writing, owners of generative artificial intelligence (AI) systems that they do not authorize those systems to produce manipulated audio, photos, or videos with their likeness. After a notification is provided, owners of generative AI systems would be required to implement methods that would prohibit uses from generating media of those elected officials or candidates. Any entity that violates this law is guilty of a misdemeanor and can be fined up to $2,500 per depiction. This would not apply where the media is processed by a third party over which an owner has no control. An elected official or candidate can also seek injunctive relief prohibiting use of their image.
Attachments: 1. Summary of Int. No. 1196, 2. Int. No. 1196, 3. February 13, 2025 - Stated Meeting Agenda

Int. No. 1196

 

By Council Members Williams and Louis

 

A Local Law to amend the administrative code of the city of New York, in relation to prohibiting the unauthorized depiction of public officials by artificial intelligence

 

Be it enacted by the Council as follows:

 

Section 1. Title 3 of the administrative code of the city of New York is amended by adding a new chapter 12 to read as follows:

§ 1057-h Unauthorized depictions of public officials. a. Definitions. As used in this section, the following terms have the following meanings:

Covered entity. The term “covered entity” means any owner, licensee, or operator of a system that generates materially deceptive audio or visual media.

Disseminate. The term “disseminate” means to cause dissemination by radio, television, cable, or satellite broadcast, by posting on social media or any other website, or by mass mailing, text message, or telephone call.

Materially deceptive audio or visual media. The term “materially deceptive audio or visual media” means any video, image, or sound recording that meets the following criteria:

1. the video, image, or sound recording was intentionally manipulated to depict speech or conduct by a candidate, some or all of which did not occur in reality, and

2. the video, image, or sound recording is so realistic that a reasonable person would believe that such speech or conduct did in fact occur.

b. Authorization. An elected official or candidate for nomination for election may notify a covered entity of their refusal to authorize such covered entity to produce a materially deceptive audio or visual media of such elected official or candidate within 120 days of a covered election. The elected official or candidate for nomination for election shall provide such notification to a covered entity in writing or through another method provided by the covered entity that allows such entity to verify the identity of the elected official or candidate for nomination for election.

c. Prohibited conduct. For any candidate who provides a notification pursuant to subdivision b, any covered entity shall implement a method that prohibit users of such system from generating materially deceptive audio or visual media of such elected official or candidate for nomination for election within 60 days of a covered election. A covered entity is in compliance with this subdivision when such covered entity has implemented a method that, in relation to the method of user inputs used by the covered system, is consistent with industry standards, not overly burdensome on the system, cost-effective to implement and maintain and is up to date.

d. Penalties. Any covered entity that fails to comply with this section and permits the unauthorized creation or dissemination of materially deceptive audio or visual media is guilty of a misdemeanor punishable by a fine of not more than $2,500 per depiction. The covered entity is not liable to an elected official or candidate for nomination for election where such covered entity is unable to prevent the unauthorized depiction or dissemination of such elected official or candidate for nomination for election after implementing a method of restriction, nor shall they be liable for any unauthorized realistic depictions that are incidental or were created in an unforeseeable way. A covered entity is not liable to an elected official or candidate for nomination for election where such individual did not send a notification to the covered entity as required by subdivision b.

e. This section shall not apply to a covered entity where the visual or audio outputs of the system are processed by a third party that has no ownership or control over the underlying generative model.

f. Injunctive relief. An elected official or candidate for nomination for election who is, or is likely to become, injured by a violation of subdivision b of this section may seek injunctive relief prohibiting such conduct. This subdivision shall not be construed to limit or preclude any other cause of action available to any person injured or aggrieved by the violation of this section.

§ 2. This local law takes effect 120 days after it becomes law.

 

JG

LS #17945

2/5/25 2:09 PM