The proposed bill, HB2394, aims to enhance Arizona's legal framework for addressing digital impersonation by allowing candidates and citizens to file complaints within two years of discovering such impersonation. It establishes that the only remedy available is declaratory relief, requiring plaintiffs to prove that the impersonation was published without consent and was misleading. The bill also expands the definition of digital impersonation to include still images and introduces specific criteria for proving such cases, including a two-day timeline for court rulings on preliminary relief and the ability to bring actions against advertisers involved in paid impersonation.

Key differences from current law include the introduction of clear and convincing evidence standards for plaintiffs, the ability for guardians of minors or incapacitated individuals to file complaints, and a structured process for seeking preliminary declaratory relief. The bill also clarifies the rights of both plaintiffs and defendants, emphasizes the importance of free expression, and outlines additional elements necessary for seeking injunctive relief and damages. Overall, HB2394 seeks to balance the need for legal recourse against digital impersonation while protecting individual rights and promoting open discourse.

Statutes affected:
Introduced Version: 16-1023
House Engrossed Version: 16-1023
Senate Engrossed Version: 16-1023
Chaptered Version: 16-1023