Election Laws - As enacted, requires political advertisements to include a disclaimer if the advertisements include deepfake elements impersonating or depicting a candidate engaging in activity or speech in which the imp, the official text

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                        ~tate of \ll:ennessee

                           PUBLIC CHAPTER NO. 625

                                                  HOUSE BILL NO. 1513

          By Representatives Zachary, Russell, Davis, McCalmon, Clemmons, Powell

                                       Substituted for: Senate Bill No. 1624

                          By Senators Massey, Campbell, Bowling, Haile, Yarbro

         AN ACT to amend Tennessee Code Annotated, Title 2, Chapter 19, relative to the
Transparency for Deepfakes in Political Advertising Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. This act is known and may be cited as the "Transparency for Deepfakes in
Political Advertising Act."

          SECTION 2. Tennessee Code Annotated, Section 2-19-120(a), is amended by adding
the following as a new subdivision:

                    (6)

                              (A) Such communication, when in audio form, if considered a deepfake as
                    defined in § 39-17-1902 and impersonating a candidate for elected office
                    engaging in speech in which the candidate did not in fact engage, shall clearly
                    state at the beginning and at the end of the communication:

                                        This communication contains fake content impersonating speech
                                        that did not occur.

                              (B) Such communication, when in video form, if considered a deepfake as
                    defined in § 39-17-1902 and depicting a candidate for elected office engaging in
                    action or speech in which the depicted candidate did not in fact engage, shall
                    clearly state in large letters for the duration of the video:

                                        (i) If the communication includes only video media:

                                                  This communication contains fake content depicting
                                                  actions that did not occur.

                                        (ii) If the communication includes both audio and video media of a
                              candidate engaging in action or speech in which the candidate did not
                              engage:

                                                  This communication contains fake content depicting
                                                  actions and speech that did not occur.

                              (C) When the impersonated or depicted candidate is not an incumbent
                    office holder, subdivisions {a)(6)(A) and (a)(6)(B) apply only if the communication
                    is distributed within one hundred twenty (120) days of the initiation of voting in an
                    election in which the candidate for elected office appears on the ballot.

                               (D)

                                        (1) A person or entity that is a host, third-party producer, or
                              internet service provider, including its affiliates or subsidiaries, or that
                              operates a search engine or a cloud service provider, is not liable under
                              this subdivision (a)(6) solely for providing access or connection to or from
                              a website or other information or content on the internet, nor is a facility,
                              system, or network not under the control of the internet service provider
                              liable under this subdivision (a)(6), including from transmission,
HB1513
                             downloading, intermediate storage, or access software, to the extent such
                             provider is not responsible for the creation of the deceptive and fraudulent
                             deepfake.
                                       (2) This subdivision (a)(6) does not apply to a radio or television
                             broadcasting station, cable or satellite television operator, streaming or
                             other programming service when it is paid to broadcast material
                             containing a deepfake, to the extent such entity is not responsible for the
                             creation of the deceptive and fraudulent deepfake.
                             (E) An impersonated or depicted candidate for elected office who is the

                   subject of a deepfake communication as described in this subdivision (a)(6) is
                   entitled to damages and equitable relief as provided for in§ 39-17-1904, with the
                   exception of§ 39-17-1904(c).
         SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.

                                                                2
         HOUSE BILL NO. 1513

PASSED:  March 12, 2026

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                                    CAMERON SEXTON, SPEAKER
                                   HOUSE OF REPRESENTATIVES

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                                           SPEAKER OF THE SENATE

APPROVED this _ay_fl day of tv\uN'c.Jb  2026

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BILL LEE, GOVERNOR