Bill > SB141

This bill establishes new procedures and penalties related to election misinformation, election disinformation, and deepfakes in Maryland. Election disinformation is defined as knowingly and deliberately spreading false or misleading information about elections, while election misinformation is any incorrect or misleading information about elections. The State Board of Elections will maintain a portal for the public to report such content. If the State Administrator of Elections receives a credible report of election misinformation or disinformation, including a deepfake (a digitally manipulated image, audio, or video that realistically depicts a person doing or saying something they did not), the Administrator must publicly share accurate information to correct it, and may seek court orders to remove the false content from online platforms, with exceptions for interactive computer services that host content from others. The bill also allows the State Board to file civil lawsuits against individuals or entities that knowingly or with reckless disregard create, use, or disseminate election disinformation or misinformation with the intent to cause harm or influence voters, and courts can award damages if this is proven by clear and convincing evidence. However, the bill exempts certain entities, such as those involved in satire, parody, bona fide news reporting, or those protected by federal law (like Section 230 of the Communications Decency Act), from these provisions. Creating or using a deepfake to produce materially false information with the intent to impede a voter's decision, misrepresent election facts, or influence ballot petitions or candidate choices is a misdemeanor offense, punishable by fines and/or imprisonment.