Fabricated Media in Campaign Communications (election deepfake disclosure)
IN Election Deepfake Disclosure
Artificial intelligence
Enacted by HEA 1133 (2024), this chapter requires campaign ads with AI-generated or deceptively altered audio, images, or video of a candidate to carry a disclaimer that elements were 'digitally altered or artificially generated.' Candidates depicted in unlabeled fabricated media may sue.
- Where
- Indiana
- Citation
- Ind. Code ch. 3-9-8 (IC 3-9-8-1 to 3-9-8-6)
- Status
- In force
- In force since
- 2024-03-12
- Last amended
- 2025-07-01
- Enforced by
- Private civil action by the depicted candidate
- People can sue
- Yes
- Penalties
- A depicted candidate may sue for actual damages, an injunction, costs, and attorney's fees, and must prove the fabrication by clear and convincing evidence; hearings are expedited (IC 3-9-8-6).
- Applies to
- Persons who pay for, sponsor, or knowingly alter and disseminate campaign communications that include fabricated media depicting a candidate or elected officeholder (IC 3-9-8-1, 3-9-8-2, 3-9-8-5, 3-9-8-6)
What a privacy notice must say
- A campaign communication with fabricated media of a candidate must include the disclaimer 'Elements of this media have been digitally altered or artificially generated,' with format rules for print, audio (start, end, and every two minutes), and video (continuous display).IC 3-9-8-5
Practices it requires
- Disseminators must not knowingly, intentionally, or recklessly remove or alter a required disclaimer.IC 3-9-8-6(a)(3)
Sources
- Official text
- Indiana Code 2026, Title 3, Chapter 9-8 (Indiana General Assembly)
- HEA 1133 (2024), P.L.81-2024, SECTION 1 effective upon passage; signed March 12, 2024
- SEA 80 (2025), P.L.186-2025, SECTION 18 amending the 'candidate' definition to include officeholders, effective July 1, 2025
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Research reference, not legal advice.