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 producing deepfake content that misrepresents candidates within 60 days of an election. Exceptions to this prohibition include communications that clearly disclose the use of AI in creating the content, as well as certain news broadcasts and satirical content that meet specific disclaimer requirements.
The bill also provides for injunctive relief and civil remedies for candidates or political parties harmed by violations, allowing them to seek damages and attorney fees in court. Penalties for violations include civil fines and potential criminal charges, escalating from misdemeanors to felonies based on the number of offenses. The legislation emphasizes the importance of maintaining fair electoral processes in the face of emerging technologies that could mislead voters.