Section 1.

Enacts new GS Chapter 170, the Artificial Intelligence and Synthetic Media Act (Act), as follows.   

Article 1: Political Campaigns

Defines eighteen terms, including generative artificial intelligence or generative AI (AI that’s trained on data, interacts with a person using text, audio, or visual communication and generates non-scripted outputs similar to outputs created by a human, with limited or no human oversight); synthetic media (an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been created or intentionally manipulated with the use of digital technology in a manner to create a realistic but false image, audio, or video). Defines materially deceptive media to mean synthetic audio or visual media that: (1) exhibits a high level of authenticity or convincing appearance that is visually or audibly indistinguishable from reality to a reasonable person; (2) depicts a scenario that did not actually occur, or that has been altered in a significant way from how it actually occurred such that it significantly changes how a reasonable person would understand the original content; (3) is likely or meant to harm reputation or mislead voters; and (4) is created by generative artificial intelligence or with software, machine learning, or any other computer-generated or technological means, including adapting, modifying, manipulating, or altering a realistic depiction.   

Enacts GS 170-2, applicable only to audio or visual communications that: (1) are paid for by a candidate campaign committee, political action committee, political issues committee, political party, or a person using a contribution; (2) are intended to influence voting for or against a candidate or ballot proposition in an election or primary in this state; and (3) contain synthetic media. Requires placement of a clear and conspicuous disclosure message meeting the three described criteria by persons who act as a creator of a synthetic media message that the person knows is a deceptive and fraudulent deepfake of that candidate or of a political party that is on that ballot within 90 days before an election at which a candidate for elected office appears on the ballot. Additionally, requires that the advertisement carries tamper-evident digital content provenance that discloses the content’s author and creator along with any other entity that subsequently edited or altered the content and any use of generative artificial intelligence in generating or modifying the substantive content.

Requires disclosures, as described, in new GS 170-3 by a person that distributes or publishes any political communication that was produced by or includes materially deceptive media and the person knows or should know that it is materially deceptive. Excludes visual media that is satire, parody, bond fide news reporting; an initial dissemination by a platform or service, including, but not limited to, a website, regularly published newspaper, or magazine, where the content disseminated is materially deceptive media provided  by another information content provider when a good-faith effort has been made to establish that the depiction is not materially deceptive media; and an interactive computer service.

Provides remedies for violations of the Article in new GS 170-4, including: (1) injunctive or other equitable relief prohibiting the publication of the deceptive and fraudulent deepfake by a candidate whose appearance, action, or speech is depicted through the use of a deceptive and fraudulent deepfake and (2) reasonable attorneys' fees, costs, and injunctive relief prohibiting the distribution, publication, or broadcasting of any materially deceptive media against such individual or entity who disseminated or published the media without the consent of the candidate depicted and who knew or should have known that it was materially deceptive. Provides for venue, automatic calendar preferences in the filing court, rules pertaining to the availability of preliminary relief, and burdens of proof. Makes violations of the Article a Class 1 misdemeanor, except as follows: (1) for persons who commit the violation within five years of one or more prior convictions under GS 170-4, then designates violation as Class A felony and (2) if the person commits the violation with the intent to cause violence or bodily harm, then designates the violation as a Class A felony.

Exempts the following four classes of persons from the Article under GS 170-5:

1. A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer that broadcasts a deceptive and fraudulent deepfake and that is part of a bona fide newscast, news interview, or news documentary or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through its 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 materially deceptive audio or visual media and is paid to broadcast a deceptive and fraudulent deepfake and has made a good-faith effort to establish that the depiction is not a deceptive and fraudulent deepfake.
2. An internet 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 materially deceptive audio or visual media if the publication clearly states that the materially deceptive audio or visual media was generated by artificial intelligence.
3. Satire or parody.
4. An interactive computer service (defined).

Article 2: Pornography and Fabricated Images

Enacts new GS 170-6, concerning generated child pornography (any image that has been created, altered, adapted, or modified by electronic, mechanical, or other computer-generated means to portray a fictitious person, who a reasonable person would regard as being a minor, engaged in sexual conduct), as follows. Makes the following a Class A felony: (1) intentionally creating generated child pornography and (2) to knowingly possess, control, or intentionally view a photograph, a motion picture, a representation, an image, a data file, a computer depiction, or any other presentation which, in whole or in part, the person knows includes generated child pornography. Specifies that the possession, control, or intentional viewing of each such photograph, motion picture, representation, image, data file, computer depiction, or other presentation constitutes a separate offense. Exempts any material possessed, controlled, or intentionally viewed as part of a law enforcement investigation. Provides rules for security of generated child pornography during a criminal proceeding and for copying those materials by the defendant in those proceedings.

Establishes the crime of disclosing fabricated images in GS 170-7 as a Class 1 misdemeanor on the first offense or a Class A felony if the defendant has one or more prior convictions for a violation of this section or the section governing disclosure of intimate images. Defines the offense as when a person knowingly discloses a fabricated intimate image of another person and the person disclosing the image: (1) knows or should have known that the depicted person has not consented to the disclosure and (2) knows or reasonably should know that disclosure would cause harm to the depicted person. Exempts persons under 18 from the crime unless the person (1) intentionally and maliciously disclosed a fabricated intimate image of another person and (2) knows or should have known that the depicted person has not consented to the disclosure. Further exempts disclosures made in the public interest, including reports of unlawful conduct, legal proceedings, law enforcement practices, or medical treatment and images that constitute commentary, criticism, or disclosure protected by the North Carolina Constitution or the United States Constitution. Clarifies that GS 170-7 does not impose liability upon interactive computer services, mobile telecommunications service providers or telecommunications network or broadband providers solely as a result of content provided by another person. Specifies that it is not a defense to prosecution that (1) the perpetrator lacked knowledge of whether the disclosed image had been created or altered by digitization or (2) the depicted person consented to the creation or alteration of the image. Directs that a minor who possesses any image of any other minor which constitutes a fabricated intimate image forfeits any right to continued possession of the image and any court exercising jurisdiction over such image must order forfeiture of the image.

Provides for civil remedies for disclosure of fabricated intimate images in GS 170-8 including a cause of action by a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of a fabricated intimate image without the depicted individual's consent against the disclosing party if they knew or acted with reckless disregard for whether: (1) the depicted individual did not consent to the disclosure and (2) the depicted individual was identifiable. Sets forth rules related to establishing consent of the disclosure of the fabricated image. Prohibits use of disclaimers as a defense. Provides for (1) the greater of actual damages or statutory damages or $10,000; (2) an amount equal to any monetary gain made by the defendant from disclosure of the fabricated intimate image; and (3) punitive damages, as described. Provides for statute of limitations and rules relating to tolling of the statute of limitations for minors.

Exempts disclosures or threats to disclose such images were made in good faith from liability under this Article, as follows: (1) in connection with law enforcement activities, legal proceedings, or medical education or treatment; (2) in the reporting or investigation of unlawful conduct; and (3) in connection with a matter of public interest or concern. Clarifies that the exemption doesn’t apply if the plaintiff proves the disclosure was prohibited by other law or made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain. Specifies that disclosure of, or a threat to disclose, a fabricated intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

Enacts new GS 170-10, pertaining to AI-generated images in court proceedings, as follows. Directs that such material that includes explicit depictions of minors must remain in the care of either a law enforcement agency or the court in any criminal proceeding. Prohibits copying such materials by the parties so long as they are made reasonably available to one another. Prevents the defendant from viewing such materials unsupervised. Provides for rules relating to disclosure to an expert. Requires a prosecutor to seek an order sealing exhibits of a depiction of a minor engaged in sexually explicit conduct. Provides for the destruction of such materials if the criminal proceeding ends in a conviction; if it ends in acquittal, directs that the materials be returned to the investigating law enforcement agency for either safekeeping or destruction. 

Article 3: Various Regulations

Requires when a person uses generative artificial intelligence to interact with an individual that the business or person disclose that the individual is interacting with Gen AI only if the individual asks whether the interaction involves generative artificial intelligence. Provides, however, that when generative artificial intelligence is used to provide services of a regulated occupation, a prominent mandatory disclosure must be clearly and conspicuously provided. Requires regulated occupation professionals to disclose the use of Gen AI either verbally at the start of an exchange or conversation with a client or customer or through an electronic message before a written exchange. Makes violations a Class A misdemeanor and makes each interaction with a consumer a potential separate violation.

Article 4: Miscellaneous Provisions

Specifies that the Chapter’s remedies are nonexclusive. Allows an aggrieved person with multiple options for seeking relief to pursue other remedies even if they chose an option provided by this Chapter.

Specifies that a defendant is guilty of a criminal offense under this Chapter if the defendant commits the offense with the aid of generative artificial intelligence or intentionally prompts or otherwise causes generative artificial intelligence to commit the offense; it is not a defense to the violation of any statute that generative artificial intelligence made the violative statement, undertook the violative act, or was used in furtherance of the violation.

Sets out provision on how the Chapter’s provisions are to be construed and specifies that it is not to be construed to conflict with or prohibit compliance with specified federal acts or other applicable State or federal law. Includes a severability clause.

Section 2.

Applies to acts or omissions occurring on or after December 1, 2025.