The bill aims to regulate the use of deepfakes in election communications and electioneering communications in Montana, addressing the potential threats posed by AI-generated content that can misrepresent candidates and spread misinformation. It defines key terms such as "deepfake," "AI-generated content," and "generative artificial intelligence," and establishes a prohibition against the production, creation, or distribution of deepfakes within 60 days of an election unless a clear disclosure is made. The required disclosure must inform viewers that the content has been significantly edited by artificial intelligence and falsely represents the depicted individual. The bill also outlines specific requirements for how disclosures should be presented across various media formats.
Additionally, the bill provides for injunctive relief, actual damages, and punitive damages for candidates or political parties harmed by violations of the regulations. It allows for the filing of complaints with the Commissioner of Political Practices, who can impose civil penalties for violations. The bill stipulates escalating penalties for repeated offenses, including misdemeanor and felony charges, and emphasizes that these penalties are cumulative. Overall, the legislation seeks to protect the integrity of elections by ensuring transparency and accountability in the use of deepfake technology.