Bill Text: NY A10260 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the use of materially deceptive media in political communications when the information content provider that creates the communication has actual knowledge that such communication is materially deceptive without disclosing such use.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-15 - referred to election law [A10260 Detail]

Download: New_York-2023-A10260-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10260

                   IN ASSEMBLY

                                      May 15, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Bores) --
          read once and referred to the Committee on Election Law

        AN ACT to amend the election law, in relation to prohibiting the knowing
          use of materially deceptive media in political communications  without
          disclosing such use

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 5 and 6 of section 14-106 of the election law,
     2  as added by section 1 of subpart B of part MM of chapter 58 of the  laws
     3  of 2024, are amended to read as follows:
     4    5. (a) For purposes of this subdivision:
     5    (i)  "Materially deceptive media" means any image, video, audio, text,
     6  or any technological  representation  of  speech  or  conduct  fully  or
     7  partially created or modified that:
     8    (1)  exhibits  a  high  level of authenticity or convincing appearance
     9  that is visually or audibly indistinguishable from reality to a  reason-
    10  able person;
    11    (2)  depicts  a  scenario that did not actually occur or that has been
    12  altered in a significant way from how they actually occurred; and
    13    (3) is created by  or  with  software,  machine  learning,  artificial
    14  intelligence,  or  any  other computer-generated or technological means,
    15  including adapting, modifying, manipulating,  or  altering  a  realistic
    16  depiction.
    17    (ii) "Information content provider" means any person or entity that is
    18  responsible,  in  whole  or  in part, for the creation or development of
    19  information provided through  the  Internet  or  any  other  interactive
    20  computer service.
    21    (b)  (i)  [A person, firm, association, corporation, campaign, commit-
    22  tee, or organization  that  distributes  or  publishes]  An  information
    23  content  provider  that  creates  any  political  communication that was
    24  produced by or includes materially deceptive media and [knows or  should
    25  know]  has  actual  knowledge that [it] such communication is materially
    26  deceptive shall be required to disclose [this] such use.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15540-01-4
        A. 10260                            2

     1    (ii) (1) For visual media the disclosure shall be printed or typed  in
     2  a  legible  font  size  easily readable by the average viewer that is no
     3  smaller than other text appearing in the visual media and  in  the  same
     4  language  used  on  the  communication to read as follows: "This (image,
     5  video, or audio) has been manipulated".
     6    (2)  For  communication  that  is auditory, such as radio or automated
     7  telephone calls, such disclosure  shall  require  clearly  speaking  the
     8  statement  at the beginning [of the audio, at] or the end of the audio[,
     9  and, if the audio is greater than two minutes  in  length,  interspersed
    10  within  the  audio at intervals of not greater than two minutes each and
    11  in the same language as the rest of the audio used in the communication,
    12  and in a pitch that can be easily heard by the average  listener  satis-
    13  fies  the  requirements  of  clause one of this subparagraph]; provided,
    14  however, that nothing in this section shall apply  to  radio  and  tele-
    15  vision  stations, broadcast networks, newspapers, magazines, cable tele-
    16  vision systems, satellite systems, or  streaming  services  unless  such
    17  entity  created  the materially deceptive media and had actual knowledge
    18  that the material used was materially deceptive.
    19    (iii) This paragraph shall not apply to the following:
    20    (1) materially deceptive media that constitutes satire or parody;
    21    (2) materially deceptive media created for the purposes of  bona  fide
    22  news reporting [when the required disclosure is included]; [or]
    23    (3)  [initial]  dissemination  by a platform or service including, but
    24  not limited to, a website, regularly published newspaper,  or  magazine,
    25  where the content disseminated is materially deceptive media provided by
    26  another  information content provider [when a good faith effort has been
    27  made to establish that the depiction is not materially deceptive media];
    28  or
    29    (4) material that is broadcast on radio  and  television  stations  or
    30  transmitted  on  websites  or social media owned or controlled by broad-
    31  casters licensed by the Federal Communications Commission; or
    32    (5) a radio or television broadcasting station, including a  cable  or
    33  satellite television operator, streaming service, programmer, or produc-
    34  er,  when such entity is paid to broadcast materially deceptive audio or
    35  visual media.
    36    (iv) A candidate whose voice or likeness appears in materially  decep-
    37  tive  media  in  violation of this subdivision may seek reasonable court
    38  costs  and  attorneys'  fees  and  injunctive  relief  [prohibiting  the
    39  distribution,  publication  or  broadcasting of any materially deceptive
    40  media in violation of this subdivision] against [such] the individual or
    41  entity who [disseminated or published] created such  media  without  the
    42  consent of the person depicted and who knew or should have known that it
    43  was materially deceptive. An action under this paragraph shall be initi-
    44  ated  by filing an application for an order to show cause in the supreme
    45  court where the materially deceptive media at issue  could  deceive  and
    46  influence  electors  in an upcoming election. Such action shall be enti-
    47  tled to an automatic calendar preference and  be  subject  to  expedited
    48  pretrial and trial proceedings.
    49    (v)  In any action alleging a violation of this subdivision in which a
    50  plaintiff seeks preliminary relief with respect to an upcoming election,
    51  the court shall grant relief if it determines that:
    52    (A) plaintiffs are more likely than not to succeed on the merits; and
    53    (B) it is possible to  implement  an  appropriate  remedy  that  would
    54  resolve the alleged violation in the upcoming election.
        A. 10260                            3

     1    (vi)  In  any  action  commenced under this subdivision, the plaintiff
     2  bears the burden of establishing the use of materially  deceptive  media
     3  by clear and convincing evidence.
     4    6.  (a)  Nothing  in  this  section shall be construed to limit, or to
     5  enlarge, the protections that 47 U.S.C. § 230 confers on an  interactive
     6  computer  service  for  content  provided by another information content
     7  provider, as such terms are defined in 47 U.S.C. § 230.
     8    (b) Nothing in this section shall be construed to  require  radio  and
     9  television stations to cancel, edit, insert video labels or audio labels
    10  into  political  communications  where  such action is inconsistent with
    11  federal law.
    12    § 2. This act shall take effect immediately and  shall  apply  to  any
    13  litigation or actions commenced on or after April 20, 2024.