SB 9: "Ensuring Accountability for Illegal AI Activities Act"; enact

Georgia law currently has no specific crime targeting AI generated deepfakes used to manipulate elections. This bill creates a new offense, fraudulent election interference, for knowingly publishing or broadcasting 'materially deceptive media' that falsely depicts a real person's speech or conduct within 90 days of an election, if done to sway a candidate's chances, confuse voters about how an election is run, or influence a referendum. It also criminalizes soliciting someone else to do this. Journalism, satire, parody, and artistic works are exempted. The bill sets penalties (a misdemeanor for a first offense, a felony with two to five years in prison and up to a $50,000 fine for repeat offenses), gives the Attorney General power to prosecute after a referral from the State Election Board, and allows lawsuits for injunctions. Separately, it lets campaigns use AI generated content in ads if they disclose who is impersonated, that events may not have occurred, and that AI was used, with specific size, duration, and audio requirements for the disclosure. Violations of the disclosure rules carry a minimum $10,000 fine. The law would take effect as soon as the Governor signs it.

• Creates a new crime, fraudulent election interference, for knowingly spreading AI generated deepfake media meant to deceive voters within 90 days of an election.
• Creates a related crime of soliciting someone else to commit fraudulent election interference.
• Sets penalties: a misdemeanor for a first offense and a felony with two to five years in prison plus up to a $50,000 fine for repeat offenses.
• Gives the Attorney General authority to prosecute these cases, but only after the State Election Board refers the case for prosecution.
• Requires campaign ads using AI generated content to include specific disclosures identifying who created the ad, who is impersonated, and that AI was used.
• Sets a minimum $10,000 fine for violating the AI ad disclosure rules and requires forfeiting money raised through AI-based fundraising solicitations that break the rules.

Political candidates, campaign committees, political parties, and political action committees that create or use AI generated media in ads; individuals who create deceptive AI content about candidates; the Attorney General's office and the State Election Board, which investigate and prosecute these cases; and Georgia voters and candidates who could be targeted by deepfakes.

Georgians could see fewer convincing but fake AI videos or audio clips of candidates circulating close to elections without warning, since creators would risk criminal charges or fines. Campaigns that do use AI in ads would have to clearly disclose it, giving voters a way to identify manipulated content.

• Section 2-1 adds O.C.G.A. § 21-2-605, defining 'materially deceptive media' and creating the crime of fraudulent election interference for knowingly spreading it within 90 days of an election with intent to deceive.
• Section 2-1 exempts First Amendment protected activity including satire, parody, artistic expression, and journalism from prosecution.
• Section 2-1 sets venue rules allowing prosecution in counties where the act occurred, the affected candidate resides, the defendant resided, or the media was received.
• Section 2-1 allows injunctive relief lawsuits by the person depicted, the Attorney General, or an injured candidate.
• Section 2-2 requires the State Election Board to refer suspected violations to the Attorney General before prosecution can begin.
• Section 2-3 requires the State Election Board to publicly release findings of completed investigations into these offenses.
• Section 2-4 adds a new article (O.C.G.A. §§ 21-5-90 through 21-5-94) allowing AI generated content in campaign ads if specific disclosures about AI use and impersonation are included, with detailed size, timing, and audio requirements.
• Section 2-4 sets a minimum $10,000 fine for disclosure violations and requires forfeiting funds raised through noncompliant AI-based fundraising solicitations within ten days.

1. 2026-01-28Senate Disagreed House Amend or Sub (Senate)
2. 2025-03-27House Passed/Adopted By Substitute (House)
3. 2025-03-27House Third Readers (House)
4. 2025-03-20House Committee Favorably Reported By Substitute (House)
5. 2025-03-11House Withdrawn, Recommitted (House)
6. 2025-03-10House Second Readers (House)
7. 2025-03-06House First Readers (House)
8. 2025-03-04Senate Passed/Adopted By Substitute (Senate)

• John Albers (R, SD-056)Primary sponsor
• Shawn Still (R, SD-048)
• Jason Esteves (D, SD-035)
• Sheikh Rahman (D, SD-005)
• Bill Cowsert (R, SD-046)
• Chuck Payne (R, SD-054)
• Emanuel Jones (D, SD-010)
• Jason Anavitarte (R, SD-031)
• Randy Robertson (R, SD-029)
• Brad Thomas (R, HD-021)

1. PassedSenate voteMarch 4, 2025

   46 yea, 9 nay (0 not voting, 1 absent)

   Passage By Substitute: Senate Vote #145

2. PassedHouse voteMarch 27, 2025

   152 yea, 12 nay (4 not voting, 12 absent)

   Passage: House Vote #322

• artificial intelligence
• election law
• deepfakes
• campaign finance
• election fraud