FOR the purpose of prohibiting certain persons from willfully or knowingly influencing or attempting to influence a voter’s decision to go to the polls or to cast a vote for a particular candidate by publishing, distributing, or disseminating a deepfake online within a certain period of time before an election; providing that the prohibition does not apply to a person who discloses certain information on the deepfake in a certain manner; providing that certain provisions of this Act do not require service providers of online platforms to ensure that persons publishing, distributing, or disseminating campaign material comply with certain provisions of law; authorizing the State Administrator of Elections to investigate a potential violation of certain provisions of this Act by a person that publishes, distributes, or disseminates a deepfake; authorizing the State Board of Elections to request that the Attorney General institute an action in a circuit court for injunctive relief to require a person that publishes, distributes, or disseminates a deepfake to comply with certain provisions of this Act or to require an online platform to remove a deepfake that does not comply with certain provisions of this Act; requiring the State Board to notify a person that publishes, distributes, or disseminates a deepfake and that is the subject of an investigation of certain circumstances before requesting that the Attorney General seek an injunction; authorizing a circuit court to grant injunctive relief only if the Attorney General shows a violation by a preponderance of the evidence; prohibiting a person from publishing, distributing, or disseminating, or causing to be published, distributed, or disseminated, campaign material in violation of certain provisions of this Act; providing that a certain person is subject to certain penalties for a certain violation; providing for the application of certain provisions of this Act; defining certain terms; providing for a delayed effective date; and generally relating to the use of deepfakes in online campaign material.
This bill establishes a prohibition against specified use of online campaign material that is a “deepfake.” The bill authorizes (1) the State Administrator of Elections to investigate potential violations of the prohibition and (2) a circuit court to grant injunctive relief requiring a person to comply with the prohibition or requiring an online platform to remove a deepfake that does not comply with the prohibition. The bill also establishes criminal penalties for a violation of the prohibition. The bill takes effect January 1, 2021.
Fiscal Summary (State Effect) from Fiscal/Policy Note:
General fund expenditures increase by $7,000 annually, beginning in FY 2021, and potentially by additional amounts in future years, as discussed below. Special fund revenues may increase as a result of any monetary penalties imposed under the bill.
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