V.S.A. tit. 17, ch. 35, subch. 4 — Use of Synthetic Media in Elections | Vermont Statutes Annotated (through the 2026 session) — Vermont

17 V.S.A. § 2031 Definitions

2031. Definitions As used in this subchapter: (1) “Deceptive and fraudulent synthetic media” means synthetic media that appears to a reasonable person to be a realistic representation of: (A) a political candidate that injures the reputation of a political candidate; or (B) an individual that attempts to unduly influence the outcome of an election, including a public question, by providing materially false information to voters. (2) “Synthetic media” means an image, an audio recording, or a video recording of an individual’s appearance, speech, or conduct that has been created or intentionally manipulated with the use of digital technology, including artificial intelligence. Added 2025, No. 75 (Adj. Sess.), § 1, eff. Mar. 5, 2026.

17 V.S.A. § 2032 Disclosure of deceptive and fraudulent synthetic media

2032. Disclosure of deceptive and fraudulent synthetic media (a) Disclosure. A person shall not, within 90 days before an election in Vermont, publish, communicate, or otherwise distribute synthetic media that the person knows is deceptive and fraudulent synthetic media unless the person includes a disclosure in the synthetic media stating: “This media has been manipulated or generated by digital technology and depicts speech or conduct that did not occur.” (1) For deceptive and fraudulent synthetic media consisting of images and video recordings, the text of the disclosure shall appear in a size that is easily readable by the average viewer and inclusive to the greatest extent possible of individuals with disabilities. For video recordings, the disclosure shall appear for the full duration of the video recording. (2) For deceptive and fraudulent synthetic media consisting of audio recordings only, the disclosure shall be read in a clearly spoken manner and in a pitch and pace that can be easily heard by the average listener and inclusive to the greatest extent possible of individuals with disabilities, at the beginning of the audio recording, at the end of the audio recording, and, if the audio is greater than two minutes in length, interspersed within the audio recording at intervals of not greater than two minutes each. (b) Exceptions. Subsection (a) of this section shall not apply to: (1) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, or to a website, streaming platform, or mobile application, that: (A) broadcasts deceptive and fraudulent synthetic media as part of a bona fide newscast, news interview, news documentary, commentary of general interest, or on-the-spot coverage of bona fide news events, provided the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the deceptive and fraudulent synthetic media; (B) is paid to broadcast deceptive and fraudulent synthetic media; or (C) is required by federal law to broadcast advertisements from legally qualified candidates; (2) a website or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes deceptive and fraudulent synthetic media, if the publication clearly states that the deceptive and fraudulent synthetic media does not accurately represent the speech or conduct of the represented individual; (3) a person that produces or distributes deceptive and fraudulent synthetic media constituting satire or parody; (4) a provider of a telecommunications service or information service, as those terms are defined in the Communications Act of 1934, 47 U.S.C. § 153, for content provided by another person; or (5) a provider of an interactive computer service, as defined in 47 U.S.C. § 230, for content provided by another person. Added 2025, No. 75 (Adj. Sess.), § 1, eff. Mar. 5, 2026.

17 V.S.A. § 2033 Penalties

2033. Penalties (a) A person that knowingly and intentionally violates a provision of this subchapter shall be fined not more than $1,000.00, unless: (1) the person commits the violation with the intent to cause violence or bodily harm, in which case the fine shall be not more than $5,000.00; (2) the person commits the violation within five years after one or more prior violations under this section, in which case the fine shall be not more than $10,000.00; or (3) the person commits the violation with the intent to cause violence or bodily harm and the person commits the violation within five years after one or more prior violations under this section, in which case the fine shall be not more than $15,000.00. (b) A candidate whose appearance, speech, conduct, or environment is misrepresented through the use of deceptive and fraudulent synthetic media in violation of section 2032 of this title may seek injunctive or other equitable relief prohibiting the publication, communication, or other distribution of such deceptive and fraudulent synthetic media. Added 2025, No. 75 (Adj. Sess.), § 1, eff. Mar. 5, 2026.