The proposed legislation aims to regulate the use of deepfakes in election communications and electioneering communications in Montana. It defines key terms such as "AI-generated content," "deepfake," and "generative artificial intelligence," and establishes that individuals or entities involved in official election capacities are prohibited from sponsoring or distributing deepfakes of candidates or political parties within 60 days of an election unless a specific disclosure is included. This disclosure must clearly state that the content has been significantly edited by artificial intelligence and falsely represents the speech or conduct of the depicted individual. The bill outlines specific requirements for how this disclosure 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 these regulations. It allows for the filing of complaints with the Commissioner of Political Practices, who can impose civil penalties for violations. The legislation also stipulates that repeated violations can lead to misdemeanor or felony charges, with corresponding fines and imprisonment. Overall, the bill seeks to protect the integrity of elections by addressing the potential misuse of deepfake technology to mislead voters.