State Senate: Republican majority
State House: Republican majority
Governor: Brad Little (R)
Attorney General: Raúl Labrador (R)
Summary:
Deeply rural and Republican Idaho has passed new laws creating a new misdemeanor to disclose explicit synthetic media with malicious intent, addressing the use of “deepfakes”generated by artificial intelligence and other digital technology in electioneering, and allowing parents to sue owners of websites with harmful content if they are accessed by minors.
Another critical bill to prohibit large financial institutions from discriminating against customers based on a social credit score or their political or religious views has passed the House and is progressing through the Senate.
Key Policymakers:
- Sen. James Ruchti [D] and Sen. Kevin Cook [R]
- Rep. Bruce Skaug [R]
Legislative Activity:
HB 323 (2021): The Stop Social Media Censorship Act. Establishes a procedure for social media users to sue a large social media platform that censors or deplatforms them. The provisions of this bill are limited to protecting religious and political speech on social media platforms that have more than 75 million subscribers. Introduced by the House State Affairs Committee in March 2021 but did not progress.
SB 1417: The Parental Rights in Social Media Act. Allows parents to protect their children by requiring parental consent for children to open accounts, and gives parents a remedy to hold companies accountable. A social media company may not permit an Idaho resident who is a minor to be an account holder on the social media company’s social media platform without the express consent of a parent or guardian. Introduced by the Senate State Affairs Committee in March 2024 but has not progressed.
HB 575 (Signed into Law): Makes it a misdemeanor to disclose explicit synthetic media with the intent to annoy, terrify,threaten,intimidate,harass, offend, humiliate, or degrade. It also creates a misdemeanor to threaten to disclose explicit synthetic media for the purpose of obtaining a thing of value. A second offense committed within five years of a first offense is a felony. The stated purpose of this legislation is to address the recent rise in malicious actors using AI technology to create “deep fakes” of victims for the purpose of harassment or sexual extortion. Introduced by Rep. Bruce Skaug [R] and Sen. Kevin Cook [R] in February 2024, passed both chambers unanimously and signed into law on March 20, 2024.
HB 669:The Equality in Financial Services Act. Prohibits large financial institutions from discriminating against customers based on a social credit score or their political or religious views. Contains a definition of “social credit score,” which includes “any analysis, rating, scoring, list, or tabulation that evaluates” a person’s constitutionally protected exercise of religion, speech, expression, or association.” It applies only to banks with assets over $100 billion or payment processing companies that process over $100 billion per year. These institutions would be prohibited from using social credit scores or any nonfinancial criteria. If a customer is denied access to financial services, he or she has the right to request the reason for the denial from the financial institution. Enforcement of the legislation resides with the Attorney General. Introduced by the House State Affairs Committee in February 2024 and passed the House along partisan lines on March 1.
HB 664 (Signed into Law): The Freedom From AI-Rigged (FAIR) Elections Act. This law addresses the use of “deepfakes”generated by artificial intelligence and other digital technology in electioneering. A candidate whose image, appearance or speech has been manipulated in an electioneering communication using digital means so as to create a fundamentally different understanding or impression of the appearance, action or speech than occurred in reality, may seek injunctive relief as well as general and/or special damages. It shall be an affirmative defense that the electioneering communication included sufficient disclosure that the video or audio representation was manipulated. Introduced by Sen. James Ruchti [D] in February 2024, passed both chambers with large bipartisan majorities, and signed into law on March 25.
H 498 (Signed into Law): Establishes the Online Child Safety Act. Idaho Code § 18-1515 already prohibits “disseminating material harmful to minors.” This new law empowers parents of harmed children with standing to sue perpetrating content providers for a civil remedy if they fail to take reasonable steps to ensure they are not providing such content to minors. Introduced by the House State Affairs Committee in February 2024, passed both chambers unanimously and signed into law on March 21st.
S 1325: Adds to existing law to establish the Uniform Public Expression Protection Act. Introduced by the Senate Judiciary and Rules Committee in February 2024 but failed a Senate vote later that month.
