Posting memes can get you jailed in Texas? All about the new HB 366 bill

A new bill has been passed in Texas by lawmakers aiming to mandate disclosures for political ads that use AI-altered images, audio, or video of candidates. With the passing of the HB 366 bill, it becomes a legal requirement for digitally altered media to be labeled such if it is used by any candidate or campaign group that spends any amount over $100 on political advertising. This bill, presented by Rep. Dade Phelan (R-Beaumont), passed the House with a 102-40 vote.

What is the aim of the HB 366 bill?

The main priority of the HB 366 bill is to counter misleading or deceptive media, amid the immense rise of artificial intelligence. According to the bill, the labeling of any AI-altered media is a must as otherwise it poses a threat to "election integrity". For example, the AI-aided ads must included disclaimers like, "did not occur in reality".

Will violators face a penalty?

According to the bill that passed with a majority, anyone found in violation of the law will tend to face Class A misdemeanor charges. This would include punishment including a year in jail and a hefty $4,000 fine.

Meanwhile this legislation has been condemned within political circles, with state Representative Shelley Luther, saying, “We're banning political memes and giving people up to a year in jail for failing to attach a disclosure to a cartoon.”

Luther, who is a Republican, posted a video on X with her reactions while saying, "Democrats, of course, are rallying around this bill. What a joke."

Meanwhile, Nate Schatzline, the State Representative of Texas House District 93 took to X to slam the bill. He said, “Today, we fought against the anti-1st amendment bill (HB366), that will LOCK PEOPLE UP for one year for posting political memes or political speech.”

"I want to be clear, this bill is UNCONSTITUTIONAL, & will almost certainly be struck down in the courts," he continued.