The proposed amendments to section 16.1-10-04 of the North Dakota Century Code aim to strengthen the regulations surrounding false political advertisements. The bill establishes that a person can be charged with a class A misdemeanor for knowingly publishing or recklessly disregarding the truth of any political advertisement or news release that contains false, deceptive, or misleading statements about a candidate or related electoral issues. The scope of the bill has been expanded to include various forms of media, such as text messages, social media, and electronic transmissions, in addition to traditional outlets like radio and television.

Furthermore, the bill introduces provisions that allow candidates who are the subjects of misleading advertisements to initiate civil actions for damages. If successful, candidates may recover the full amount of costs and attorney's fees incurred during the legal proceedings. Notably, the bill clarifies that the regulations do not apply to newspapers, television, or radio stations that are not the source of the misleading content. These amendments aim to enhance accountability in political advertising and provide candidates with a means to seek redress for false information.

Statutes affected:
INTRODUCED: 16.1-08.1-01, 16.1-08.1-03.2, 16.1-08.1-03.7, 16.1-10-04
Prepared by the Legislative Council staff for Representative Kasper: 16.1-10-04
FIRST ENGROSSMENT: 16.1-10-04
Adopted by the Senate State and Local Government Committee: 16.1-10-04