From the Podium: AG Torrez Announces Proposed Legislation to Protect New Mexicans from Deceptive Synthetic Media Generated Using Artificial Intelligence

Albuquerque, NM – Attorney General Raúl Torrez and State Representative Linda Serrato today announced their proposed landmark legislation, the Artificial Intelligence Accountability Act (AI2A), which would establish New Mexico’s first comprehensive framework governing generative artificial intelligence (GenAI) and synthetic media, including deepfakes. The bill aims to increase transparency, protect individuals from AI-enabled harm, and modernize enforcement tools, while preserving free speech, innovation, and lawful uses of AI.

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Representative Serrato will sponsor the AI2A, which would establish clear requirements for providers of generative AI services, large online platforms, and capture device manufacturers to embed latent digital markers to enable victims and law enforcement to track the production and dissemination of malicious synthetic media. The AI2A would empower the Attorney General to enforce the technical provisions of the act and create civil liability for individuals who knowingly disseminate malicious synthetic content that could harm others.

“Generative AI has incredible potential, but it also poses serious risks when used to deceive, defame, or exploit individuals,” said Attorney General Torrez. “The Artificial Intelligence Accountability Act will ensure that accountability and transparency are built into these systems from the start. New Mexicans deserve to know when content is real and when it’s synthetic, and this law would give us the tools to enforce that standard.”

“For too long, too many New Mexicans have needed protections for both their data and the use of their images,” said Representative Serrato. “The federal government has failed to provide leadership on this emerging technology. I am proud to stand and protect our communities, and to build an AI ecosystem that serves our families instead of harming them.”
Key provisions of the AI2A include:

• Mandatory Disclosure: AI-generated images, audio, and video must include latent digital markers identifying the content as synthetic.
• Provenance Detection Tools: Covered providers must offer free tools to verify the authenticity and origin of digital content.
• Civil Enforcement: The Attorney General would be authorized to investigate violations by AI companies and large social media platforms and impose penalties of up to $15,000 per violation.
• Enhanced Sentencing: Use of generative AI to commit a felony would result in an additional year of imprisonment.

“The widespread use of AI to create harmful, manipulative and abusive material is rapidly spiraling into a profound crisis, and we need action from lawmakers to stop it,” said Mothers Against Media Addiction (MAMA) Founder and Executive Director Julie Scelfo. “By requiring online platforms to quickly respond to harmful AI-generated content and creating a pathway for victims to seek justice, the AI2A would be a crucial step to protect children and families across New Mexico from the dangers of AI. We fully support these policies and urge the New Mexico legislature to swiftly pass them into law. Young people can’t and shouldn’t wait any longer for lawmakers to protect them.”