Bill > A3838

Introduced Session

This bill prohibits a person from knowingly or recklessly distributing deceptive audio or visual media, within 60 days of an election in which a candidate will appear on the ballot, of a candidate with the intent to injure the candidate's reputation or to deceive a voter with false information about the candidate. The provisions of this bill are not to apply if the deceptive audio or visual media includes a disclosure stating: "This _____ has been manipulated." The blank in the disclosure is to be filled with whichever of the following terms most accurately describes the media: 1) image; 2) video; or 3) audio. A registered voter may seek injunctive or other equitable relief prohibiting the distribution of deceptive audio or visual media in violation of this bill. An action under the bill is to have priority over other civil matters. A candidate whose voice or likeness appears in deceptive audio or visual media distributed in violation of the bill may bring an action for general or special damages against the person that distributed the deceptive audio or visual media. The court may also award a prevailing plaintiff reasonable attorney's fees and costs. The bill is not to be construed to limit or preclude a plaintiff from securing or recovering any other available remedy. The provisions of the bill are not to apply to a broadcasting station, including a cable or satellite television company, programmer, or producer, an Internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest, and that broadcasts or publishes deceptive audio or visual media prohibited by this section for the purpose of disseminating newsworthy facts, if the broadcast or publication clearly states that the deceptive audio or visual media does not accurately represent the speech or conduct of the candidate.

Committee Categories

Vicky Flynn (R)*, 

Introduced, Referred to Assembly Science, Innovation and Technology Committee (on 02/22/2024)

Official Document