BILL NUMBER: S8631
SPONSOR: GONZALEZ
 
TITLE OF BILL:
An act to amend the election law, in relation to proceedings to prohibit
the use of materially deceptive media in political communications
 
PURPOSE:
To disincentivize the use of materially deceptive media in elections and
to give candidates harmed by this media the right to legal action.
 
SUMMARY OF PROVISIONS:
Section one defines "materially deceptive media" as any image, audio or
video of a candidate's appearance, speech, or conduct that has been
intentionally manipulated, used for campaign purposes in a manner which:
falsely depicts an individual engaging in speech or conduct in which the
depicted individual did not in fact engage that a reasonable viewer or
listener would incorrectly believe occurred and is created by or with a
machine-based system that utilizes artificial intelligence.
The bill gives any candidate depicted in materially deceptive media a
cause of action against any individual or entity who published or
disseminated it knowing (or should have known) it was deceptive. In any
of these legal actions the finder of fact may award injunctive relief,
punitive damages, compensatory damages and reasonable court costs and
attorneys' fees as well as preliminary relief where appropriate.
The bill allows for an affirmative defense where the materially decep-
tive media contains clear and easily readable disclosures with different
requirements for different types of media. The bill contains necessary
exceptions for usage of materially deceptive media by news entities with
an explanation that it is inaccurate and for satire/parody.
Section two is a severability clause.
Section three sets the effective date.
 
JUSTIFICATION:
As technology rapidly increases, deep fakes and other materially decep-
tive media will become cheaper and easier for campaigns and other enti-
ties to produce. This legislation seeks to ensure that uses of this
media are disclosed and that candidates have means to seek relief when
misleading images, video, or audio of featuring their likeness is used.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
Immediately.