FLOOR 
05/28/2026-SPECIAL ORDERED 
 
BILL NO. 
36-0298 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
May 28, 2026 
 
 
 
An act amending title 18 Virgin Islands Code protecting the integrity of elections by regulating 
materially deceptive artificial intelligence-generated political communications and requiring 
disclosure of certain artificial intelligence-generated content 
 
 
 
PROPOSED BY: 
 
 
Senator Alma Francis Heyliger 
Co-sponsor: Hubert L. Frederick 
Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 18 Virgin Islands Code is amended by adding the following chapter 
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22: 
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Ҥ590.  Short Title 
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This act may be cited as the “Election Integrity and Artificial Intelligence Disclosure 
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Act.” 
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§591.  Definitions 
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For purposes of this chapter: 
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(a) 
“Artificial Intelligence” or “AI” means a machine-based system capable of 
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generating text, images, audio, video, or other media through machine learning, generative 
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models, or similar computational processes. 
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(b) 
“AI-Generated Content” means any image, audio recording, video recording, or 
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other digital media that has been substantially created or materially altered using artificial 
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intelligence technology.  Content shall be considered substantially created or materially altered 
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by AI if artificial intelligence was used to generate, fabricate, or alter the depiction of a real 
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person's appearance, voice, speech, actions, or likeness in a manner that did not actually occur. 
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(c) 
“Deepfake” means fabricated video, audio, or image content generated by AI that 
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makes it appear as if a person is saying or doing something they never did. 
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(d) 
“Distribute” means to publish, post, broadcast, transmit, circulate, share, send, pay 
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to promote, or otherwise make content available to the public or to another person by any 
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means, including paid boosting or algorithmic promotion on any platform. 
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(e) 
“Election” means any primary, general, special, or referendum election held in the 
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Virgin Islands, including any election for federal, territorial, or local office or any ballot 
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measure submitted to voters. 
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(f) 
“Materially Deceptive Content” means AI-generated content that would reasonably 
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mislead a person regarding the authenticity of speech, conduct, actions, events, endorsements, 
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or election-related matters portrayed in the content that did not actually occur. 
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(g) 
“News Reporting” means reporting or publishing by a newspaper, television 
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station, radio station, digital news platform, or other established journalistic entity that adheres 
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to recognized standards of editorial oversight and journalistic practice, for the primary purpose 
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of informing the public regarding newsworthy events or matters of public concern. 
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(h) 
“Person” means any individual, corporation, partnership, association, organization, 
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political committee, or other legal entity. 
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(i) 
“Political 
Communication” 
means 
any 
paid 
advertisement, 
campaign 
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communication, electioneering communication, or public communication intended to influence 
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the outcome of an election or public opinion regarding a candidate or ballot issue. 
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(j) 
“Satire or Parody” means content that a reasonable person would recognize as 
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humorous, exaggerated, fictional, or comedic expression and that is not intended to deceive the 
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public regarding factual information or events. 
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§592.  Disclosure Requirement for AI-Generated Political Communications 
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(a) 
Any person, candidate, political committee, or organization that knowingly 
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distributes AI-generated content in a political communication regarding an election in the 
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Virgin Islands shall include a clear and conspicuous disclosure indicating that the content was 
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generated or materially altered using artificial intelligence.  This chapter applies to any person 
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who distributes such content to voters or residents of the Virgin Islands regardless of where the 
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person is located. 
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(b) 
Use of a platform-provided disclosure label, including labels such as “AI-
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generated,” “AI-created,” “Content labeled as AI-generated,” or similar platform disclosure 
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tools shall satisfy the disclosure requirement under this section. 
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(c) 
Where content is redistributed from one platform to another, the person 
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redistributing the content bears responsibility for ensuring that a disclosure required under this 
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section is present and visible on the redistributed content. 
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(d) 
The disclosure required under this section must be reasonably visible, 
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understandable, and accessible to an ordinary person viewing the content.  For written or 
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graphic content, the disclosure shall appear in a font size and color reasonably distinguishable 
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from the background.  For audio-only content, including telephone calls, robocalls, voice 
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messages, or broadcast audio, the disclosure shall be clearly spoken at the beginning of the 
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audio in a manner audible and understandable to an ordinary listener.  For video content, the 
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disclosure must remain visible for a duration sufficient for an ordinary viewer to read and 
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understand it. 
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(e) 
Minor alterations, including ordinary graphic design, color correction, cropping, 
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resizing, background enhancement, filters, captioning, meme-style formatting, or artistic 
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editing that do not materially misrepresent a person's words, appearance, or actions shall not 
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require disclosure under this section. 
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(f) 
Disclosure under this section shall not legalize or excuse the distribution of 
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materially deceptive content prohibited under this chapter. 
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§593.  Prohibited Conduct 
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(a) 
No person may knowingly distribute materially deceptive content with the intent 
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to: 
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(1) 
mislead the public regarding the time, place, manner, or requirements for 
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voting; 
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(2) 
falsely depict a candidate, election official, or public official as engaging in 
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speech, conduct, actions, events, or endorsements that did not actually occur; 
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(3) 
suppress or discourage lawful voter participation; 
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(4) 
materially deceive the public regarding an election or ballot issue; or 
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(5) 
injure a candidate, influence an election, or interfere with the electoral 
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process through fabricated AI-generated content. 
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(b) 
Materially deceptive content prohibited under this section shall remain prohibited 
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regardless of whether the content contains an AI disclosure label. 
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(c) 
Nothing in this section shall prohibit conduct exempted under §594 of this chapter. 
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(d) 
Satire or parody utilizing AI-generated content shall include a clear and 
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conspicuous disclaimer reasonably sufficient to inform viewers that the content is fictional, 
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comedic, exaggerated, or not authentic. 
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§594.  Exceptions 
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This chapter shall not apply to: 
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(a) 
Bona fide news reporting that does not include content published with actual 
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knowledge of its falsity or with reckless disregard for whether it was false or misleading; 
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(b) 
Lawful opinion, criticism, analysis, editorial content, or public discussion 
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expressed without the use of materially deceptive content; 
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(c) 
Satire or parody accompanied by a clear and conspicuous disclaimer that the 
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content is fictional, comedic, exaggerated, or not authentic; 
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(d) 
Insignificant or routine image editing that does not materially misrepresent a 
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person's actions, appearance, or statements; or 
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(e) 
Internet memes, graphics, flyers, or artistic renderings that a reasonable person 
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would clearly recognize as non-authentic, comedic, or creative expression and that do not 
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attribute fabricated statements, conduct, or actions to a real person through the use of that 
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person's name, likeness, voice, title, or any other identifier a reasonable person would associate 
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with that individual, in a manner intended to deceive or in a manner that would cause a 
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reasonable person to believe the depicted statements, conduct, or actions actually occurred. 
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§595.  Enforcement and Penalties 
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(a) 
Any person who knowingly distributes materially deceptive content with intent to 
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influence an election, injure a candidate, mislead the public, or interfere with the electoral 
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process shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than 
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$10,000, imprisoned not more than one year, or both. 
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(b) 
The Attorney General of the Virgin Islands may seek civil penalties of not more 
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than $10,000 for a first violation and not more than $25,000 for each subsequent violation 
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within the same election cycle. 
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(c) 
The Attorney General may also seek injunctive relief to prevent the continued 
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distribution of materially deceptive content in violation of this chapter. 
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(d) 
A candidate or public official whose likeness, voice, or actions are falsely depicted 
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in violation of this chapter may bring a civil action for injunctive relief and damages. 
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(e) 
Civil actions by aggrieved candidates or public officials must be brought within 
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two years of the date the violation was discovered or reasonably should have been discovered.” 
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SECTION 2.  Effective Date 
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Notwithstanding title 18 Virgin Islands Code, section 6, this act is effective upon 
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enactment. 
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BILL SUMMARY 
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This bill protects the integrity of Virgin Islands elections from materially deceptive 
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artificial intelligence generated content.  The bill requires clear disclosure of AI-generated 
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content in political communications, prohibits the knowing distribution of materially deceptive 
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AI-generated content intended to mislead voters, suppress participation, or falsely depict 
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candidates and public officials, and provides for civil and criminal enforcement by the Attorney 
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General of the Virgin Islands.  The act includes protections for bona fide news reporting, lawful 
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opinion and criticism, and clearly identified satire and parody.  The act applies to any person 
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distributing such content to Virgin Islands voters regardless of where that person is located. 
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BR25-0295/May 22, 2026/CBM 
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