; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission. (2) Actual malice The term actual malice means knowledge that certain audio or video audio was created using artificial intelligence in order to create a false representation, or a reckless disregard of whether the audio or video audio was, in fact, genuine. (3) Generated by artificial intelligence The term generated by artificial intelligence means audio or video audio that is created, in whole or in part, by a computer-based learning algorithm that is able to successfully mimic the pitch, pace, and tone, or any combination thereof, of an actual person’s voice. . (b) Criminal penalties Section 309(d)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(d)(1) ) is amended by adding at the end the following new subparagraph: (E) Any person who knowingly and willfully commits a violation of section 325 shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both. . (c) Regulations Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations to provide guidance with respect to— (1) how to determine if a materially deceptive audio is clearly satire or parody for the purposes of section 325(b) of the Federal Election Campaign Act of 1971, as added by subsection (a)