Substitute Bill No. 5342 seeks to regulate the distribution of deceptive synthetic media—manipulated images, audio, or video that misrepresent an individual's speech or conduct—particularly during election periods. The bill prohibits the distribution of such media within ninety days of an election or primary if the distributor knows or should reasonably know that the media is deceptive, lacks the consent of the depicted individual, and is intended to harm a candidate or influence election outcomes. Exceptions are made for media that includes clear disclaimers about its manipulated nature and for certain distributions by news organizations. The legislation also introduces penalties for violations, ranging from class C misdemeanors to class D felonies for repeat offenders, and allows civil actions to be initiated by the Attorney General or affected individuals.
Additionally, the bill establishes new legal provisions for civil actions related to deceptive synthetic media, requiring plaintiffs to prove violations by clear and convincing evidence. It allows prevailing parties, excluding the Attorney General, to recover reasonable attorney's fees and costs. Exceptions are made for parody or satire, provided that a reasonable person would not believe the depicted individual actually engaged in the conduct shown, and political advertising is exempt from these regulations. The bill also protects individuals required to distribute deceptive media for compliance with federal regulations and shields service providers from liability for transmitting third-party content. The act is set to take effect on July 1, 2026, addressing concerns about synthetic media misuse while balancing individual and service provider rights.