title
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 2, entitled “County Government Operations,” through the creation of a new Chapter 218, entitled “County Elections,” in order to establish guidelines for the use of content generated by artificial intelligence in campaigns for County elected office.
body
Whereas, the use of artificial intelligence (AI) in advertising has become more prevalent and AI has become more proficient in generating imagery that can be difficult or impossible to distinguish from reality, it has unfortunately also given rise to bad actors using this technology to spread false information; and
Whereas, AI is undoubtedly a powerful tool that can boost productivity and improve efficiency; however, in the wrong hands, it can have a negative impact on people’s reputation, security, and livelihood; and
Whereas, it is the judgment of Council that these malicious and deceptive uses of AI are particularly pernicious in the realm of political advertising, as individuals’ voting decisions can be predicated upon a belief that fictional events actually took place, and election results impacted by those erroneous beliefs can impact public policy (including regulatory oversight of AI itself) for years or decades; and
Whereas, it is the judgment of Council that everyone deserves the right to know when the content they consume is generated by AI, especially when it may impact their voting decisions; and
Whereas, it is further the judgment of Council that requiring the disclosure of the use of AI in advertising relating to any Primary, General, or Special election for County elected office is a nonintrusive regulatory step that will inure to the benefit of the voters and general public of Allegheny County by reducing the ability of unscrupulous actors to mislead them;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble.
The provisions set forth in the Preamble to this Ordinance are incorporated by reference in their entirety herein.
SECTION 2. Amendment of the Code.
The Allegheny County Code of Ordinances, Division 2, is hereby amended and supplemented by the enactment of a new Chapter 218, entitled “County Elections” and comprised as follows:
Chapter 218
County Elections
§ 218-1. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
A. “Allegheny County Elected Office” shall mean any of the offices of Allegheny County Chief Executive, Member of Allegheny County Council, Allegheny County Controller, Allegheny County District Attorney, Allegheny County Sheriff, or Allegheny County Treasurer.
B. "Artificial intelligence" or "AI" shall mean:
1. A machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, including the ability to:
a. Perceive real and virtual environments;
b. Abstract perceptions made under subparagraph a into models through analysis in an automated manner; and
c. Use model inference to formulate options for information or action based on outcomes under subparagraphs a and b.
2. The term includes generative artificial intelligence.
C. "Clear and conspicuous." A statement or disclosure that meets all of the following criteria:
1. The statement or disclosure is disclosed in a size, color, contrast, location, duration and audibility that is readily noticeable, readable, understandable and capable of being heard and that is presented in the language or other interaction used by the consumer to interact with or comprehend the deceptive synthetic content.
2. The statement or disclosure does not contradict and is not inconsistent with any other information with which the statement or disclosure is presented.
3. If the statement or disclosure modifies, explains or clarifies other information with which the statement or disclosure is presented:
a. The statement or disclosure is presented in proximity to the information that the statement or disclosure modifies in a manner that is likely to be noticed, readable and understandable; and
b. The statement or disclosure is not obscured in any manner.
4. If the statement or disclosure is an audio statement or disclosure, the statement or disclosure is delivered in a volume and cadence sufficient for a consumer to hear and comprehend the statement or disclosure.
5. If the statement or disclosure is a visual statement or disclosure, the statement or disclosure is of a size and shade and appears on the screen for a duration sufficient for a consumer to read and comprehend the statement or disclosure.
6. If the statement or disclosure is a print advertisement or promotional material, including a point-of-sale display or brochure materials directed to a consumer, the statement or disclosure is in a type size and location sufficiently noticeable for a consumer to read and comprehend the statement or disclosure in a print that contrasts with the background against which the statement or disclosure appears.
D. "Generative artificial intelligence." The class of models that emulate the structure and characteristics of input data in order to generate synthetic content, including information such as images, videos, audio clips or text, that has been significantly modified or generated by algorithms, including by artificial intelligence.
E. "Internet service provider." As defined in section 2 of the Pennsylvania General Assembly’s act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
F. "Person." As defined in section 2 of the Unfair Trade Practices and Consumer Protection Law.
G. "Synthetic advertising content." As follows:
1. Any images, videos or audio clips used in an advertisement that have been significantly modified or generated by artificial intelligence, in which the use of artificial intelligence materially alters the representation or a reasonable consumer's perception of the nature, origin, authenticity, performance or endorsements of the goods or services being advertised.
2. The term does not include content that is:
a. Evidently fictional based on the content or context of the depiction; or
b. Limited to text.
§ 218-2. Disclosure of synthetic advertising content.
A. Disclosure required. A person may not knowingly or willfully disseminate or cause to be disseminated an advertisement relating to any Primary, General, or Special Election for Allegheny County Elected Office containing synthetic advertising content without clear and conspicuous disclosure. A disclosure under this subsection shall:
1. State that the advertisement contains content that was modified or generated using artificial intelligence;
2. Be displayed in the first instance whenever the synthetic advertising content is presented to the consumer;
3. Be presented in the same medium as the advertisement featuring the synthetic advertising content; and
4. To the extent technically feasible, be permanent or extraordinarily difficult to remove from the synthetic advertising content.
B. Construction. Disclosure of the use of artificial intelligence under subsection (a) shall not be construed to limit recourse under law.
§ 218-3. Enforcement.
A violation of the terms of this Article shall constitute summary offense and shall, upon conviction, be punishable by a fine of up to three hundred dollars ($300.00) and/or a term of imprisonment of up to thirty (30) days. For the purposes of this Section, each day upon which a prohibited act takes place shall constitute a separate offense.
§ 218-4. Exemptions.
This Article shall not apply to any medium used for advertising, including, a streaming service, video conferencing service, radio or television station, cable or satellite television operator, internet service provider, newspaper or other publication, magazine, periodical or circular, that, in good faith and without knowledge of the presence of synthetic advertising content, publishes, causes to be published or takes part in the publication of such advertisement.
SECTION 3. Severability.
If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance, which shall be in full force and effect.
SECTION 4. Repealer.
Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
SECTION 5. Effective Date.
The provisions of this Ordinance shall become effective on January 1, 2027.