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 election-related 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, while also clarifying that the law does not apply to media outlets that are not the source of the misleading content.
Additionally, the bill introduces provisions allowing candidates who are the subjects of false 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. This amendment aims to provide candidates with a means of recourse against misleading political advertisements, thereby promoting accountability and transparency in political campaigning.
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