Bill > H5093

This bill aims to protect against election misinformation by defining key terms and establishing prohibitions and remedies. It defines "materially deceptive audio or visual media" as manipulated images or recordings that would mislead a reasonable person about a candidate's appearance or conduct, or about election operations, and "materially deceptive election-related communication" as false information about election details like dates, times, places, voting methods, or endorsements. The bill also defines "synthetic media" as content largely created by generative artificial intelligence. Crucially, it prohibits individuals, candidates, committees, and other entities from distributing such deceptive media or communications with "actual malice" (meaning with knowledge of falsity or reckless disregard for the truth) within 90 days of an election, if the intent is to injure a candidate's reputation, deceive voters, or disrupt the electoral process. Affected candidates or individuals can seek court orders to stop the distribution of this content and can sue for damages, with courts potentially awarding attorney fees. The bill includes exceptions for certain news broadcasts, satire, parody, and publications that clearly label deceptive content as not accurately representing a candidate, and it clarifies that it does not affect the liability protections for online service providers under federal law.

Budget and Finance

House Committee on Ways and Means (House)

https://malegislature.gov/Bills/194/H5093