Bill > HB141

This bill, known as the Artificial Intelligence Accountability Act, aims to regulate the creation and dissemination of synthetic content, which is content produced or significantly altered by artificial intelligence (AI) systems that could be mistaken for real. It mandates that "covered providers," which are companies offering AI-powered content generation tools to consumers with over two million monthly users, must provide users with clear, conspicuous, and permanent options to label AI-generated content and embed hidden "latent" disclosures that identify the AI system used, creation date, and a unique content identifier. These providers must also offer a free, public tool to detect this embedded information, but it will only reveal system details, not personal user data. "Capture device manufacturers" (companies making cameras, phones, etc.) will be required to embed latent disclosures by default for devices sold after January 1, 2028, though users can opt out. "Large online platforms" (social media, search engines, etc., with over two million monthly users) must detect and display system provenance data, respond to requests to remove "deceptive synthetic content" (AI-generated content that falsely depicts someone, is identifiable, and shared without consent) within 72 hours, and cannot remove compliant provenance data. The Attorney General is empowered to investigate violations through civil investigative demands and can seek civil penalties of $15,000 per violation, with each day of non-compliance counting as a separate violation. Individuals can also sue for damages if they are harmed by deceptive synthetic content, potentially recovering attorney fees and significant damages, though certain exceptions exist for satire, news reporting, and other lawful uses. Finally, the bill introduces a one-year sentence enhancement for non-capital felonies where AI was used to assist in the crime.

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=141&year=26