HB478: HB478 Commerce and trade; require that AI generated content include a disclaimer indicating such content was generated using artificial intelligence

Georgia's Fair Business Practices Act (O.C.G.A. Title 10) currently has no requirement that businesses disclose when the pictures, video, or audio they use to sell products or services were made with artificial intelligence. This bill would add that requirement. Starting July 1, 2025, anyone who distributes AI generated content to facilitate commerce or trade would have to include a disclosure that AI was used to make all or part of it. For visual content, the disclosure must be written in every language used in the content, sized at least 30 percent of the image's vertical height, visible for at least 30 percent of the video's length, and have strong color contrast against its background. For audio content, the disclosure must be spoken at the same volume and speaking rate, and in each language, used in the content. The bill defines 'AI generated content' broadly to cover video, audio, and still images created by systems that emulate human cognitive processes like learning or reasoning. Failing to include the disclosure would be illegal, and each piece of noncompliant content would count as a separate violation.

• Adds a definition of 'AI generated content' to Georgia's Fair Business Practices Act (O.C.G.A. § 10-1-392), covering AI-made video, audio, and still images.
• Creates a new Code section (O.C.G.A. § 10-1-393.20) requiring a disclosure that AI was used whenever such content is distributed for commerce or trade, starting July 1, 2025.
• Sets detailed formatting rules for visual disclosures, including minimum text size, minimum display duration, and color contrast requirements.
• Sets rules for audio disclosures, requiring the same volume, speaking rate, and language as the underlying content.
• Makes it illegal to omit the required disclosure and treats each piece of noncompliant content as a separate violation.

Businesses, advertisers, marketers, and individuals who create or distribute AI generated images, video, or audio to promote or sell goods and services in Georgia, as well as consumers who encounter that content in commercial settings.

Georgians would gain a legal guarantee that AI generated ads, images, or audio used to sell products must say so, in a clearly visible or audible way, potentially making it easier to tell real recordings from AI generated ones in the marketplace. Businesses using AI content would face new compliance steps and legal exposure for each violation.

• Section 1 defines 'AI generated content' as video, audio, or still images made by systems emulating human cognitive processes such as learning, reasoning, or planning.
• Section 2 creates O.C.G.A. § 10-1-393.20, requiring disclosure that AI was used in content distributed to facilitate commerce or trade on or after July 1, 2025.
• Subsection (b) requires visual disclosures in every language used, in text at least 30 percent of the vertical picture height, visible for at least 30 percent of the video's length, with adequate color contrast.
• Subsection (c) requires audio disclosures at the same volume, speaking rate, and in each spoken language used in the content.
• Subsection (d) makes omitting the required disclosure unlawful, and subsection (e) makes each noncompliant recording or image a separate violation.
• Section 3 repeals conflicting laws.

1. 2025-02-20House Second Readers (House)
2. 2025-02-19House First Readers (House)
3. 2025-02-18House Hopper (House)

• Dar'shun Kendrick (D, HD-095)Primary sponsor

• artificial intelligence
• consumer protection
• advertising rules
• business regulation