Texas State Rep. Dade Phelan (R) is pushing a bill that would criminalize the distribution of political humor and altered media in advertisements, according to a report from Texas Scorecard.
The bill, House Bill 366, pertains to political advertising featuring an “image, audio recording, or video recording of an officeholder’s or candidate’s appearance, speech, or conduct that did not occur in reality.” Those who utilize altered media, including generative artificial intelligence, must provide disclosure. Individuals in violation of the policy face Class A misdemeanor charges.
Forth Worth attorney Tony McDonald told the outlet that the bill violates the First Amendment. “It’s amazing that this ridiculous bill is the top priority of the Texas House’s most powerful committee,” he said. “This bill is obviously unconstitutional. It would criminalize protected speech on the basis of its content.”
Last year, Phelan was part of a “deepfake” ad that the Texas Tribune speculated could fuel legislation targeting political advertisements. The ad pictured a fake image of Phelan and former House Speaker Nancy Pelosi in a hug. The reverse side of the political mailer shared a fake image of Phelan speaking during a news conference.
Texas Rep. Giovanni Capriglione (R) condemned the advertisement, saying it was “deliberately made to deceive individuals — especially because AI can make things look so realistic and, obviously, neither of those two images actually happened.”
A similar bill preventing “deepfake” content was blocked in California. According to the judge, the law “acts as a hammer instead of a scalpel, serving as a blunt tool that hinders humorous expression and unconstitutionally stifles the free and unfettered exchange of ideas which is so vital to American democratic debate.”
