BILL NUMBER: S9678B
SPONSOR: GONZALEZ
 
TITLE OF BILL:
An act to amend the election law, in relation to materially deceptive
media in political communications
 
PURPOSE:
This bill would amend the election law, in relation to materially decep-
tive media in political communications.
 
SUMMARY OF PROVISIONS:
Section 1. Amends paragraph (b) of subsection 5 of section 12-106 of the
election law as follows.
Paragraph (b)(i) is amended to remove the standard that a distributor or
publisher knows or should know of the communication's material decep-
tiveness, and replaced with the standard that such distributor or
publisher has actual knowledge.
Paragraph (b)(iii) (2) is amended to remove the requirement that a
broadcaster include the prescribed disclaimer to comply with the
requirements for the exception for bona fide news reporting, and
replaced with a requirement that the broadcaster acknowledge clearly
that there are questions about the authenticity of the media.
A new paragraph (b) (iii)(3) is added to create an exception to broad-
casting stations paid to broadcast an advertisement if the station or
streaming service can show that it has disclaimer requirements that are
consistent with the requirements in this bill and that it provided those
disclaimer requirements to each person or entity that purchased the
broadcast or streaming of the advertisement; or
A new subdivision 7 is added to provide that nothing in this section
shall be construed to require an entity to edit, or insert video or
audio labels where such action is inconsistent with federal law.
Section 2. This act shall take effect immediately.
 
JUSTIFICATION:
Makes technical changes to better conform with federal law.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9678: 14-106 election law, 14-106(5) election law
S9678A: 14-106 election law, 14-106(5) election law
S9678B: 14-106 election law, 14-106(5) election law