SB 129

SB129 INTRODUCED
1 SB129
2 6YJ9831-1
3 By Senator Melson
4 RFD: Judiciary
5 First Read: 13-Jan-26
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6YJ9831-1 01/12/2026 EGC (L)EGC 2026-30
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4 SYNOPSIS:
5This bill would require developers of generative
6artificial intelligence (AI) systems to disclose when
7an image or video content is AI-generated.
8This bill would require the disclosures to be
9made in the same format as the AI-generated content, be
10conspicuous, unavoidable, understandable to a
11reasonable person, and not be contradicted by the
12AI-generated content.
13This bill would require developers of generative
14AI systems to implement reasonable procedures to ensure
15disclosures may not be easily removed by third-party
16licensees and end users.
17This bill would provide that a violation of this
18act is an unlawful trade practice under the Deceptive
19Trade Practices Act.
20This bill would provide a private right of
21action for persons injured by a violation of this act.
22This bill would also provide for the enforcement
23of this act.
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25
26A BILL
27TO BE ENTITLED
28AN ACT
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29
30Relating to artificial intelligence; to require
31 developers of generative artificial intelligence (AI) systems
32 to disclose when image or video content is AI-generated; to
33 provide requirements for AI-generated content disclosures; to
34 provide that a violation of this act is an unlawful trade
35 practice under the Deceptive Trade Practices Act; to provide a
36 private right of action; and to provide for the enforcement of
37 this act.
38 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
39Section 1. For the purposes of this act, the following
40 terms have the following meanings:
41(1) AI-GENERATED CONTENT. Images, video, or audiovisual
42 content that is substantially created or modified by a
43 generative artificial intelligence system such that the use of
44 the system materially alters a reasonable person's
45 understanding of the meaning or significance of the content.
46(2) ARTIFICIAL INTELLIGENCE or AI. The term as defined
47 in Section 17-5-16.1, Code of Alabama 1975.
48(3) ARTIFICIAL INTELLIGENCE SYSTEM. Any machine-based
49 system, for any explicit or implicit objective, that infers
50 from inputs to the system how to generate outputs, including
51 content, decisions, predictions, and recommendations, that may
52 influence physical or virtual environments.
53(4) DEVELOPER. Any person doing business in this state
54 that develops or significantly updates an artificial
55 intelligence system that is offered, sold, leased, given, or
56 otherwise provided to consumers in this state.
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57(5) GENERATIVE ARTIFICIAL INTELLIGENCE. Artificial
58 intelligence based on a foundation model that is capable of
59 and used to produce synthetic digital content, including
60 audio, images, text, and videos.
61(6) GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM. Any
62 artificial intelligence system or service that incorporates
63 generative artificial intelligence.
64(7) METADATA. Structural or descriptive information
65 about data.
66(8) THIRD-PARTY LICENSEE. Any person in this state that
67 holds a license from a developer to access and use a
68 generative artificial intelligence system for its own
69 purposes.
70Section 2. (a) A developer of a generative artificial
71 intelligence system made available in this state shall ensure
72 that any generative artificial intelligence system that
73 produces images, video, or audiovisual content includes a
74 clear and conspicuous disclosure on AI-generated content that
75 meets all of the following requirements:
76(1) The disclosure shall include a clear and
77 conspicuous notice appropriate for the medium of the content
78 which identifies the content as AI-generated content.
79(2) The output's metadata shall identify the content as
80 AI-generated content, identify the tool used to create the
81 content, and the date and time the content was created.
82(3) The disclosure, to the extent technically feasible,
83 shall be permanent or unable to be easily removed by
84 subsequent users.
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85(b) For a disclosure to be clear and conspicuous as
86 required by subsection (a), the disclosure shall meet all of
87 the following criteria:
88(1) For content that is solely visual, the disclosure
89 shall be made visually in the same means the content is
90 presented.
91(2) For content that is both visual and audible, the
92 disclosure shall be visual and audible.
93(3) A visual disclosure shall stand out from any
94 accompanying text or other visual elements by its size,
95 contrast, location, the length of time it appears, and other
96 characteristics so that the disclosure is easily noticed,
97 read, and understood.
98(4) An audible disclosure shall be delivered in a
99 volume, speed, and cadence sufficient for a reasonable person
100 to easily hear and understand the disclosure.
101(5) The disclosure shall be unavoidable.
102(6) The disclosure shall use diction and syntax
103 understandable to a reasonable person.
104(7) The disclosure shall not be contradicted, mitigated
105 by, or inconsistent with, anything else in the communication.
106(c) A developer of a generative artificial intelligence
107 system shall implement reasonable procedures to prevent
108 downstream use of a generative artificial intelligence system
109 without the disclosures required under subsection (a), which
110 shall include:
111(1) Requiring by contract that end users and
112 third-party licensees of the generative artificial
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113 intelligence system refrain from removing any required
114 disclosure from AI-generated content;
115(2) Requiring certification that end users and
116 third-party licensees will not remove any disclosure from
117 AI-generated content; and
118(3) Terminating access to the generative artificial
119 intelligence system when the developer has reason to believe
120 that an end user or third-party licensee has removed the
121 required disclosure from AI-generated content.
122(d) Any third-party licensee of a generative artificial
123 intelligence system shall implement reasonable procedures to
124 prevent downstream use of a generative artificial intelligence
125 system without the disclosures required under subsection (a).
126 The procedures shall include:
127(1) Requiring by contract that end users of the
128 generative artificial intelligence system refrain from
129 removing any required disclosure from AI-generated content;
130(2) Requiring certification that end users will not
131 remove any disclosure from AI-generated content; and
132(3) Terminating access to the generative artificial
133 intelligence system when the developer has reason to believe
134 that an end user has removed the required disclosure from
135 AI-generated content.
136Section 3. (a) A violation of this act shall constitute
137 an unlawful trade practice under the Deceptive Trade Practices
138 Act, Chapter 19 of Title 8, Code of Alabama 1975, and be
139 subject to the enforcement provisions of that act.
140(b) Prior to initiating an enforcement action for a
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141 violation of Section 2, the Attorney General may provide a
142 developer 30 days' written notice identifying the specific
143 provisions of Section 2 the Attorney General alleges have been
144 or are being violated. If, within the 30-day period, the
145 developer cures the noticed violation and provides the
146 Attorney General an express written statement that the alleged
147 violations have been cured and that no further violations
148 shall occur, the Attorney General shall not initiate an action
149 against the developer for the noticed violations.
150(c) Any person injured due to a violation of Section 2
151 shall be entitled to initiate an action pursuant to Section
152 8-19-10, Code of Alabama 1975.
153Section 4. This act shall become effective on October
154 1, 2026.
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