HB 95 — An Act providing for disclosure of synthetic advertising content and for enforcement.

PRINTER'S NO.   78

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 95
                                               Session of
                                                 2025

     INTRODUCED BY PIELLI, KHAN, MERSKI, O'MARA, KENYATTA, GUENST,
        WAXMAN, CEPEDA-FREYTIZ, HARKINS, GIRAL, FREEMAN, HANBIDGE,
        HOHENSTEIN, BURGOS, SANCHEZ, DONAHUE, SHUSTERMAN, HOWARD,
        WEBSTER, NEILSON, HADDOCK, PROBST, OTTEN, BOROWSKI, HILL-
        EVANS AND STEELE, JANUARY 14, 2025

     REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
        JANUARY 14, 2025


                                    AN ACT
 1   Amending the act of December 17, 1968 (P.L.1224, No.387),
 2      entitled "An act prohibiting unfair methods of competition
 3      and unfair or deceptive acts or practices in the conduct of
 4      any trade or commerce, giving the Attorney General and
 5      District Attorneys certain powers and duties and providing
 6      penalties," further providing for definitions.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Section 2(4) of the act of December 17, 1968
10   (P.L.1224, No.387), known as the Unfair Trade Practices and
11   Consumer Protection Law, is amended by adding a subclause and
12   the section is amended by adding clauses to read:
13      Section 2.    Definitions.--As used in this act.
14      * * *
15      (4)   "Unfair methods of competition" and "unfair or deceptive
16   acts or practices" mean any one or more of the following:
17      * * *
18      (xx.1)   Knowingly or recklessly creating, distributing or
 1   publishing any content generated by artificial intelligence
 2   without clear and conspicuous disclosure, including written
 3   text, images, audio and video content and other forms of media.
 4   A disclosure under this subclause must state that the content
 5   was generated using artificial intelligence, must be displayed
 6   in the first instance when the content is presented to the
 7   consumer, must be presented in a manner reasonably
 8   understandable and readily noticeable to the consumer and must
 9   be presented in the same medium as the content.
10      * * *
11      (14)    "Artificial intelligence" means technology or tools
12   that use predictive algorithms to create new content, including
13   audio, code, images, text, simulations or videos.
14      (15)    "Clear and conspicuous" means a statement or disclosure
15   that meets all of the following criteria:
16      (i)    The statement or disclosure is disclosed in a size,
17   color, contrast, location, duration and audibility that is
18   readily noticeable, readable, understandable and capable of
19   being heard.
20      (ii)    The statement or disclosure does not contradict and is
21   not inconsistent with any other information with which the
22   statement or disclosure is presented.
23      (iii)   If the statement or disclosure modifies, explains or
24   clarifies other information with which the statement or
25   disclosure is presented:
26      (A)    the statement or disclosure is presented in proximity to
27   the information that the statement or disclosure modifies in a
28   manner that is likely to be noticed, readable and
29   understandable; and
30      (B)    the statement or disclosure is not to be obscured in any

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 1   manner.
 2      (iv)   If the statement or disclosure is an audio statement or
 3   disclosure, the statement or disclosure is delivered in a volume
 4   and cadence sufficient for a consumer to hear and comprehend the
 5   statement or disclosure.
 6      (v)    If the statement or disclosure is a visual statement or
 7   disclosure, the statement or disclosure is of a size and shade
 8   and appears on the screen for a duration sufficient for a
 9   consumer to read and comprehend the statement or disclosure.
10      (vi)   If the statement or disclosure is a print advertisement
11   or promotional material, including a point-of-sale display or
12   brochure materials directed to a consumer, the statement or
13   disclosure is in a type size and location sufficiently
14   noticeable for a consumer to read and comprehend the statement
15   or disclosure in a print that contrasts with the background
16   against which the statement or disclosure appears.
17      Section 2.    This act shall take effect in 60 days.




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