Louisiana Targets AI Use in Political Communications and Digital Content
Several new Louisiana laws regulating the use of artificial intelligence (AI) took effect on August 1. The new requirements affect political campaigns, advertisers, technology platforms and organizations that develop or use content generated by AI.
The legislation requires certain disclosures when AI is used in political advertisements and campaign robocalls. It also expands criminal penalties for AI-generated sexual imagery.
AI Disclosure Requirements for Campaign Robocalls (Act No. 559)
Act 559, formerly House Bill 639 and authored by Rep. Mike Bayham, amends La. R.S. 18:1463.1 and 42:1132. It requires campaign robocalls created using AI to disclose that fact at the start of the call.
Key provisions of the law include:
- Telephone campaign communications that use AI to mimic the voice of a “public figure” must include a "clear and understandable disclosure" at the beginning of the call.
- The law expands the definition of “public figure” to include:
- any elected public official in the federal or state government
- any person who is not a household name but is at the forefront of a public controversy and
- other individuals who are “intimately involved” in public matters, are famous, give speeches, or otherwise make “public appearances.”
The law does not hold internet service providers or broadcasters liable for AI-generated content created by others. The Louisiana Board of Ethics is responsible for enforcing the law.
Violations of La. R.S. 18:1463.1 may result in fines of up to $2,500 for first-time violations, and up to $5,000 for each subsequent violation.
AI Disclosure Requirements in Political Advertising (Act No. 806)
Act 806, formerly House Bill 459 and authored by Rep. Mandie Landry, requires political advertisements that contain materially altered images, audio, or video created with AI to clearly disclose that AI was used. The law:
- Prohibits making or distributing election-related communications that use AI to create, alter, or digitally manipulate a candidate’s or recalled official’s image, likeness, or voice so that it falsely appears authentic, unless the communication includes a clear disclosure that AI was used.
- Allows penalties of up to $2,000 or imprisonment for up to two years (with or without hard labor), or both, if a person violates the AI disclosure provisions with the intent to injure a candidate's reputation or deceive voters.
- Expands the definition of "electioneering communication" to generally include printed, digital, or broadcast communications that expressly support or oppose a candidate, recall effort, or ballot proposition, or that can only reasonably be understood as seeking votes in a specific election.
- Exempts media entities that only broadcast paid political announcements, advertisements or electioneering communications and have no role in creating or controlling the content.
Expanded Criminal Penalties for AI-Generated Sexual Imagery (Act No. 782)
Act 782, formerly House Bill 119 and authored by Representative Bryan Fontenot, expands Louisiana’s criminal statutes governing certain AI-generated sexual imagery. The law:
- Imposes a sentence of five to 20 years in prison at hard labor, a fine of up to $10,000, or both, for knowingly creating or possessing AI-generated material depicting a minor engaged in sexual conduct.
- Requires at least five years of any such prison sentence to be served without the benefit of parole, probation, or suspension of sentence.
- Creates new offenses for possessing or disseminating AI-generated sexually explicit images of another person without that person’s consent, and elevates those offenses from misdemeanors to felonies.
- Prohibits minors younger than 17 from possessing, selling, or maliciously disseminating AI-generated nude or undressed images of another person with the intent to coerce, harass, or intimidate.
- Requires public-school principals to provide information about these offenses to students in sixth grade and above and their parents within the first five days of each school year.
Act 782 was prompted by a high-profile case in Lafourche Parish in which a middle school student allegedly used AI to create and distribute fake nude images of classmates.
Additional Restrictions on AI Training Data Involving Children
Act 211, originally SB 110 and authored by Sen. Heather Cloud, prohibits using a child’s image to train an AI model to produce child sexual abuse material (CSAM). The law also expands the definition of CSAM to include digitally generated representations of children younger than 17.
Key Takeaways
Political campaigns and political advertisers: Review how your organization uses AI-generated content in Louisiana political advertising, robocalls, and other election communications. Include all required disclosures.
Organizations using or generating AI content: Review your practices to account for Louisiana’s new restrictions and increased penalties for AI-generated sexual imagery. Ensure that your organization does not:
- create or possess AI-generated material depicting a minor engaged in sexual conduct
- create, possess or distribute AI-generated sexually explicit images of another person without that person’s consent or
- use a child's image to train an AI model to generate child sexual abuse material.
Platform operators and AI tool providers: Assess whether your products or services could be used in ways that violate these laws, especially if you operate an online platform, manage user-generated content, or provide AI tools. The law does not hold internet service providers or broadcasters liable for AI-generated content created by others.
Contact Emma C. Looney, Jack Ledoux, or any member of the Phelps artificial intelligence or intellectual property teams with questions or for advice and guidance.