8 Colo. Code Regs. § 1505-6-25
Current through Register Vol. 47, No. 22, November 25, 2024
Rule 8 CCR 1505-6-25 - [Effective until 1/1/2025] Deepfake Communications25.1 Deepfake communications 25.1.1 Deepfakes must involve a candidate as that term is defined in section 1-46-102(2), C.R.S., which includes current federal, state, and local officeholders in Colorado, and candidates for federal, state, and local offices on the ballot in Colorado, and must be disseminated to an audience that includes Colorado electors.25.1.2 There is a rebuttable presumption that the alleged deepfake communication was created, edited, or modified using generative A.I, if: (a) A campaign and political finance complaint has been filed and the division initially determines under section 1-45-111.7(3), C.R.S., that the complaint alleges a potential violation of section 1-46-103(1), C.R.S.; and(b) The respondent fails to provide substantial evidence, as defined in Rule 1.35, regarding how the communication was created or modified.25.1.3 This presumption will be considered sufficient information to support the filing of an administrative complaint with a hearing officer under section 1-45-111.7(5), C.R.S. The presumption that a communication was created, edited, or modified using generative A.I. can be rebutted by the respondent during the administrative complaint process. The presumption no longer applies once the respondent has appeared and answered an administrative complaint in a hearing before a hearing officer.25.2 Disclosure statements 25.2.1 A deepfake communication must include a disclosure statement that meets the requirements of subsections 1-46-103(2), (3)(b) and (3)(d), C.R.S. Substantial compliance with these statutory provisions may be found to be compliant.25.2.2 If a communication is required to have a "paid for by" disclaimer under section 1-45-108.3, C.R.S., the communication must include both a "paid for by" disclaimer and a deepfake disclosure statement.47 CR 20, October 25, 2024, effective 11/14/2024