Political Advertising.
Campaign finance laws require that political advertisements include certain disclaimers. Political advertisements on the radio or television must include the sponsor's name, and written ads must include the sponsor's name and address. It is illegal for the sponsor to use an assumed name. Additional disclaimer requirements apply when the advertisement is an independent expenditure or an electioneering communication sponsored by a person or entity other than a political party: they must include the statement "No candidate authorized this advertisement. It is paid for by [the sponsor's name and address]." Finally, if the sponsor is a political committee, the advertisement must include a statement disclosing the committee's top five contributors and the top three contributors to any of the top five contributors that are also political committees. Detailed requirements for visual and audio presentation are provided.
A person is prohibited from sponsoring, with actual malice, a statement constituting libel or defamation per se if the statement also:
Actual malice means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
Electioneering Communication.
Electioneering communication is any broadcast, cable, or satellite television, radio transmission, digital communication, United States postal service mailing, billboard, newspaper, or periodical that:
Synthetic Media.
Synthetic media is defined as an image, audio recording, or video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated to create realistic but false image, audio, or video that:
A person is prohibited from distributing, with actual malice, electioneering communication that contains synthetic media that alters the appearance, action, or speech of a candidate unless the communication includes the following disclosure: "This (image/video/audio) has been manipulated."
The disclosure must meet the following criteria:
The sponsor of the political advertising is responsible for compliance with the disclosure requirements for synthetic media. However, a broadcasting station or other medium will instead be responsible for compliance if it changes the content of a political advertisement.
The disclosure requirements do not apply to:
Cause of Action.
A candidate whose voice or likeness appears in a synthetic media distributed without the required disclosure may seek injunctive relief or other equitable relief to prohibit the distribution of the media. Such candidate may also bring an action for general or special damages against the entity that distributed the synthetic media without the required disclosure. A candidate bringing such actions must prove a violation through clear and convincing evidence. The prevailing party may be awarded attorneys' fees and costs.
(In support) Deep fake technology has been used in electioneering. Regulating speech is a sensitive issue and must be done with care, but realistic videos of candidates making extremely unpopular statements or saying the opposite of what they believe is not acceptable. The state should get ahead of this technology before it gets out of hand.
(Opposed) None.
(Other) Transparency through disclosure requirements is generally supported. There were concerns about a similar bill introduced in 2020 that the provisions may run into conflict with the Federal Communications Commission's rules and regulations dealing with political advertising that broadcasters must adhere to. This bill addresses those concerns. There are technical issues that the Public Disclosure Commission is working on with the sponsor and the Secretary of State's Office to resolve some questions in terms of the implementation of this policy.