Relating to the publication of synthetic media concerning an election, and providing penalties

This bill relates to the publication of synthetic media within days of an election. The bill prohibits a person from publishing synthetic media, defined in the bill, that constitutes a deceptive and fraudulent deepfake, defined in the bill as synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or party or otherwise deceive a voter, of a candidate or political party appearing on a ballot within days of the publication, unless the person complies with certain disclosure requirements. The bill does not apply to media organizations reporting on media if the organization discloses that the authenticity of the media is in doubt or that the media is inaccurate, or if the organization is paid to broadcast a deceptive and fraudulent deepfake and made a good-faith effort to establish the depiction is not a deceptive and fraudulent deepfake. The bill also does not apply to media that constitutes satire or parody. The bill allows a candidate whose appearance, action, or speech is depicted through the use of a deceptive and fraudulent deepfake in violation of the bill to seek injunctive or other equitable relief prohibiting publication of the deceptive and fraudulent deepfake. A person who publishes a deceptive and fraudulent deepfake without a disclosure is guilty of a simple misdemeanor punishable by confinement for no more than days and a fine of not more than $1,000. A person who publishes a deceptive and fraudulent deepfake with the intent to cause violence or bodily harm is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. A person convicted of publishing a deceptive and fraudulent deepfake in violation of the bill within five years of a previous conviction for a violation of the bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.