Legislative Document No. 1988 S.P. 690 In Senate, January 8, 2020
An Act To Prohibit the Distribution of Deceptive Images or Audio or Video Recordings with the Intent To Influence the Outcome of an Election
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 203. Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
DAREK M. GRANT Secretary of the Senate
Presented by Senator MILLETT of Cumberland. Cosponsored by Representative FECTEAU of Biddeford and Senators: CARPENTER of Aroostook, DESCHAMBAULT of York, LIBBY of Androscoggin, LUCHINI of Hancock, Representatives: BERRY of Bowdoinham, HICKMAN of Winthrop, McCREIGHT of Harpswell, STOVER of Boothbay.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 21-A MRSA §34 is enacted to read: 3 §34. Materially deceptive audio or visual media
4 1. Definitions. As used in this section, unless the context otherwise indicates, the 5 following terms have the following meanings. 6 A. "Materially deceptive audio or visual media" means an image or an audio or video 7 recording of a candidate's appearance, speech or conduct that has been intentionally 8 manipulated in a manner that would cause a reasonable person: 9 (1) To mistakenly believe that the image or audio or video recording is authentic; 10 and 11 (2) To have a fundamentally different understanding or impression of the 12 expressive content of the image or audio or video recording than that person 13 would have if the person were hearing or seeing the unaltered, original version of 14 the image or audio or video recording. 15 "Materially deceptive audio or visual media" does not include any image or audio or 16 video recording that constitutes satire or parody. 17 B. "Person" means an individual, committee, firm, partnership, corporation, 18 association or organization. 19 2. Prohibition. Except as provided in subsection 3 or 4, a person may not, with 20 actual malice and within 60 days of an election at which a candidate will appear on the 21 ballot, publish or distribute materially deceptive audio or visual media of the candidate 22 with the intent to injure the candidate's reputation or to deceive a voter into voting for or 23 against the candidate.
24 3. Exception; disclosure. Notwithstanding subsection 2, a person may, within 60 25 days of an election at which a candidate will appear on the ballot, publish or distribute an 26 image or an audio or video recording that would otherwise qualify as materially deceptive 27 audio or visual media of the candidate if the image or audio or video recording is 28 accompanied by a disclosure as described in this subsection. 29 A. If the material is an image, the following disclosure must be printed immediately 30 adjacent to the image in a font size that is easily readable by the average viewer and 31 that is no smaller than the largest font size of other text, if any, published or 32 distributed with the image: "This image has been manipulated." 33 B. If the material is a video recording, the following disclosure must appear for the 34 duration of the video recording in a font size that is easily readable by the average 35 viewer and that is no smaller than the largest font size of other text, if any, included 36 in the video recording: "This video has been manipulated." 37 C. If the material is an audio recording, the following disclosure must be read in a 38 clearly spoken manner and in a pitch that can be easily heard by the average listener, 39 at the beginning and end of the audio recording and, if the audio recording is greater
Page 1 - 129LR2747(01)-1 1 than 2 minutes in length, interspersed within the audio recording at intervals of no 2 greater than 2 minutes each: "This audio has been manipulated." 3 4. Persons exempt. Notwithstanding subsection 2, the following persons may 4 publish or distribute materially deceptive audio or visual media in the following 5 circumstances: 6 A. A radio or television broadcasting station, including a cable or satellite television 7 operator, programmer or producer, may broadcast materially deceptive audio or 8 visual media as part of a bona fide newscast, news interview or news documentary or 9 on-the-spot coverage of a bona fide news event if the broadcast includes in a clear 10 statement that can be easily heard or read by the average listener or viewer that there 11 are questions about the authenticity of the materially deceptive audio or visual media; 12 B. A radio or television broadcasting station, including a cable or satellite television 13 operator, programmer or producer, may broadcast materially deceptive audio or 14 visual media if it is paid to do so; and 15 C. The owner of a publicly accessible website or the publisher or printer of a 16 regularly published newspaper, magazine or other periodical of general circulation, 17 including an Internet or electronic publication, that routinely carries news and 18 commentary of general interest may publish materially deceptive audio or visual 19 media if the media is accompanied by a clear statement that the materially deceptive 20 audio or visual media does not accurately represent the speech or conduct of the 21 candidate whose appearance, speech or conduct is manipulated in the media. 22 5. Injunctive relief. A candidate whose voice or image appears in a materially 23 deceptive audio or visual media published or distributed in violation of this section may 24 seek a temporary restraining order and injunction prohibiting publication or distribution 25 of the materially deceptive audio or visual media. The candidate bears the burden of 26 proving a violation of this section by clear and convincing evidence.
27 6. Monetary damages. A candidate whose voice or image appears in a materially 28 deceptive audio or visual media published or distributed in violation of this section may 29 bring a civil action against the person that published or distributed the materially 30 deceptive audio or visual media for the recovery of general or special damages as well as 31 reasonable attorney's fees and court costs. The candidate bears the burden of proving a 32 violation of this section by clear and convincing evidence. Nothing in this subsection 33 may be construed to preclude a candidate from seeking monetary or equitable relief 34 through other actions as permissible by law.
35 7. Laws unaffected. This section may not be construed to alter any rights, 36 obligations or immunities of an interactive computer service under 47 United States 37 Code, Section 230.
38 SUMMARY 39 This bill prohibits a person from publishing or distributing, with actual malice and 40 within 60 days of the date of an election, materially deceptive audio or visual media of a 41 candidate who will appear on the ballot with the intent to injure the candidate's reputation
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