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 information about a candidate or an election issue. The scope of the bill has been expanded to include various forms of media, such as text messages, telephone calls, social media, and other commercial mediums, thereby broadening the definition of what constitutes a political advertisement.

Additionally, the bill introduces provisions that allow candidates who are the subjects of misleading advertisements to initiate civil actions for damages. If successful, these candidates may be awarded 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, or other commercial mediums that are not the source of the misleading advertisement.

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