HB 2862

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 2862
                           103RD GENERAL ASSEMBLY
                           INTRODUCED BY REPRESENTATIVE DOLAN.
 5347H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To amend chapter 537, RSMo, by adding thereto one new section relating to digital
      impersonation.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
        Section A. Chapter 537, RSMo, is amended by adding thereto one new section, to be
2 known as section 537.056, to read as follows:
        537.056. 1. For the purposes of this section, the following terms mean:
2(1) "Digital impersonation", synthetic media, typically video or audio, that:
3(a) Has been digitally manipulated to convincingly replace one person's likeness
4 or voice with that of another using deep generative methods and artificial intelligence
5 techniques, or for which one person's likeness or voice has otherwise been simulated
6 using deep generative methods and artificial intelligence techniques;
7(b) Was created with the intention to deceive or lead reasonable listeners or
8 viewers into believing that the content is authentic;
9(c) Reasonable viewers or listeners would believe actually represents the
10 person's voice or likeness;
11(d) Would cause reasonable viewers or listeners to conclude that the recording
12 or image is a true and accurate depiction of something the person said or did;
13(e) Is not commentary, parody, satire, criticism, or artistic expression; and
14(f) Was not created by the person or with the person's consent;
15(2) "Information content provider", any person or entity that is responsible, in
16 whole or in part, for the creation or development of information provided through the
17 internet or any other interactive computer service;
 EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
 intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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18(3) "Interactive computer service", any information service, system, or access
19 software provider that provides or enables computer access by multiple users to a
20 computer server, including specifically a service or system that provides access to the
21 internet and such systems operated or services offered by libraries or educational
22 institutions.
232. Any resident of this state may bring an action for digital impersonation within
24 two years after the date that the person knows, or in the exercise of reasonable diligence
25 should know, that a digital impersonation of that person was published. The sole
26 remedy on this cause of action is preliminary and permanent declaratory relief except as
27 otherwise expressly provided by this section. To prevail on an action prescribed by this
28 section, a plaintiff shall prove all of the following by a preponderance of the evidence:
29(1) That a digital impersonation of the person was published to one or more
30 other persons without the person's consent; and
31(2) That on publication:
32(a) The publisher did not reasonably convey to the persons to whom the
33 publication was made that the recording or image was a digital impersonation or that its
34 authenticity was disputed; or
35(b) It was not otherwise obvious to the person or persons to whom the
36 publication was made that the recording or image was a digital impersonation.
373. If the digital impersonation is or is part of a paid advertisement, a cause of
38 action for declaratory judgment of digital impersonation shall be brought only against
39 the person or entity that originated, ordered, placed, or paid for the advertisement.
404. For purposes of this section, no provider of an interactive computer service
41 shall be treated as the publisher or speaker of any information provided by another
42 information content provider.
435. A person bringing an action for digital impersonation may petition the circuit
44 court for the county in which he or she resides for a preliminary judicial declaration
45 that a recording or image is a digital impersonation. The court shall rule on the petition
46 within two days, excluding Saturdays, Sundays, and state holidays, after the petition is
47 filed. Preliminary declaratory relief shall be granted only if the person is able to prove
48 by a preponderance of the evidence the elements of digital impersonation and any of the
49 following additional requirements are met:
50(1) The digital impersonation depicts the person engaging in a sexual act or
51 depicts the unclothed breasts, buttocks, or genitals of the person;
52(2) The digital impersonation depicts the person engaging in a criminal act;
53(3) In the absence of expedited relief, the person can be reasonably expected to
54 suffer significant personal or financial hardship or loss of employment opportunities;
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55(4) In the absence of expedited relief, the person's reputation will be irreparably
56 harmed; or
57(5) The interests of justice otherwise require.
586. The publisher of the alleged digital impersonation shall have the right to
59 appear, be heard, and present evidence prior to the court's entry of a preliminary
60 declaratory judgment, and the plaintiff shall make all reasonable efforts to provide both
61 service and actual notice immediately upon filing the complaint. If the publisher does
62 not appear and no other party intervenes as a defendant, the plaintiff shall not be
63 entitled to taxable costs.
647. A person bringing an action for digital impersonation additionally has the
65 right to recover injunctive relief and damages if all of the following requirements are
66 met:
67(1) The digital impersonation depicts the person engaging in a sexual act or
68 depicts the unclothed breasts, buttocks, or genitals of the person;
69(2) The person was not a public figure at the time the cause of action accrued;
70(3) The elements of subsection 2 of this section are proven by clear and
71 convincing evidence; and
72(4) The person proves, by clear and convincing evidence, that the publication
73 was made with actual knowledge that the recording or image was a digital
74 impersonation or, if a digital impersonation was published without such knowledge,
75 that the publisher failed to take reasonable corrective action within twenty-one days
76 after the publisher had actual knowledge that the recording or image was a digital
77 impersonation. Reasonable corrective action shall include, but not be limited to,
78 removing or disabling access to the digital impersonation or publishing to the same
79 audience a statement that the publication was a digital impersonation.
808. Any factual determinations made by the court in a request for preliminary
81 relief under subsection 5 of this section shall not be considered by the trier of fact at any
82 later stage of the proceeding.
839. A parent or guardian of a minor child or incapacitated person may seek relief
84 under this section on the minor child's or incapacitated person's behalf.
8510. This section shall be narrowly construed in favor of both free and open
86 discourse on matters of public concern and artistic expression and shall not be
87 construed so as to deny or disparage any cause of action otherwise available.
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8811. Nothing in this section shall be construed to limit a party's constitutional
89 right to trial by jury. Both parties to actions seeking only permanent declaratory relief
90 retain the right to trial by jury.
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