Assembly Bill A10260

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10260
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Subdivisions 5 and 6 of section 14-106 of the election law,
 as added by section 1 of subpart B of part MM of chapter 58 of the  laws
 of 2024, are amended to read as follows:
   5. (a) For purposes of this subdivision:
   (i)  "Materially deceptive media" means any image, video, audio, text,
 or any technological  representation  of  speech  or  conduct  fully  or
 partially created or modified that:
   (1)  exhibits  a  high  level of authenticity or convincing appearance
 that is visually or audibly indistinguishable from reality to a  reason-
 able person;
   (2)  depicts  a  scenario that did not actually occur or that has been
 altered in a significant way from how they actually occurred; and
   (3) is created by  or  with  software,  machine  learning,  artificial
 intelligence,  or  any  other computer-generated or technological means,
 including adapting, modifying, manipulating,  or  altering  a  realistic
 depiction.
   (ii) "Information content provider" means any person or entity that is
 responsible,  in  whole  or  in part, for the creation or development of
 information provided through  the  Internet  or  any  other  interactive
 computer service.
   (b)  (i)  [A person, firm, association, corporation, campaign, commit-
 tee, or organization  that  distributes  or  publishes]  AN  INFORMATION
 CONTENT  PROVIDER  THAT  CREATES  any  political  communication that was
 produced by or includes materially deceptive media and [knows or  should
 know]  HAS  ACTUAL  KNOWLEDGE that [it] SUCH COMMUNICATION is materially
 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
              

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   (ii) (1) For visual media the disclosure shall be printed or typed  in
 a  legible  font  size  easily readable by the average viewer that is no
 smaller than other text appearing in the visual media and  in  the  same
 language  used  on  the  communication to read as follows: "This (image,
 video, or audio) has been manipulated".
   (2)  For  communication  that  is auditory, such as radio or automated
 telephone calls, SUCH DISCLOSURE  SHALL  REQUIRE  clearly  speaking  the
 statement  at the beginning [of the audio, at] OR the end of the audio[,
 and, if the audio is greater than two minutes  in  length,  interspersed
 within  the  audio at intervals of not greater than two minutes each and
 in the same language as the rest of the audio used in the communication,
 and in a pitch that can be easily heard by the average  listener  satis-
 fies  the  requirements  of  clause one of this subparagraph]; PROVIDED,
 HOWEVER, THAT NOTHING IN THIS SECTION SHALL APPLY  TO  RADIO  AND  TELE-
 VISION  STATIONS, BROADCAST NETWORKS, NEWSPAPERS, MAGAZINES, CABLE TELE-
 VISION SYSTEMS, SATELLITE SYSTEMS, OR  STREAMING  SERVICES  UNLESS  SUCH
 ENTITY  CREATED  THE MATERIALLY DECEPTIVE MEDIA AND HAD ACTUAL KNOWLEDGE
 THAT THE MATERIAL USED WAS MATERIALLY DECEPTIVE.
   (iii) This paragraph shall not apply to the following:
   (1) materially deceptive media that constitutes satire or parody;
   (2) materially deceptive media created for the purposes of  bona  fide
 news reporting [when the required disclosure is included]; [or]
   (3)  [initial]  dissemination  by a platform or service including, but
 not limited to, a website, regularly published newspaper,  or  magazine,
 where the content disseminated is materially deceptive media provided by
 another  information content provider [when a good faith effort has been
 made to establish that the depiction is not materially deceptive media];
 OR
   (4) MATERIAL THAT IS BROADCAST ON RADIO  AND  TELEVISION  STATIONS  OR
 TRANSMITTED  ON  WEBSITES  OR SOCIAL MEDIA OWNED OR CONTROLLED BY BROAD-
 CASTERS LICENSED BY THE FEDERAL COMMUNICATIONS COMMISSION; OR
   (5) A RADIO OR TELEVISION BROADCASTING STATION, INCLUDING A  CABLE  OR
 SATELLITE TELEVISION OPERATOR, STREAMING SERVICE, PROGRAMMER, OR PRODUC-
 ER,  WHEN SUCH ENTITY IS PAID TO BROADCAST MATERIALLY DECEPTIVE AUDIO OR
 VISUAL MEDIA.
   (iv) A candidate whose voice or likeness appears in materially  decep-
 tive  media  in  violation of this subdivision may seek reasonable court
 costs  and  attorneys'  fees  and  injunctive  relief  [prohibiting  the
 distribution,  publication  or  broadcasting of any materially deceptive
 media in violation of this subdivision] against [such] THE individual or
 entity who [disseminated or published] CREATED such  media  without  the
 consent of the person depicted and who knew or should have known that it
 was materially deceptive. An action under this paragraph shall be initi-
 ated  by filing an application for an order to show cause in the supreme
 court where the materially deceptive media at issue  could  deceive  and
 influence  electors  in an upcoming election. Such action shall be enti-
 tled to an automatic calendar preference and  be  subject  to  expedited
 pretrial and trial proceedings.
   (v)  In any action alleging a violation of this subdivision in which a
 plaintiff seeks preliminary relief with respect to an upcoming election,
 the court shall grant relief if it determines that:
   (A) plaintiffs are more likely than not to succeed on the merits; and
   (B) it is possible to  implement  an  appropriate  remedy  that  would
 resolve the alleged violation in the upcoming election.
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   (vi)  In  any  action  commenced under this subdivision, the plaintiff
 bears the burden of establishing the use of materially  deceptive  media
 by clear and convincing evidence.
   6.  (A)  Nothing  in  this  section shall be construed to limit, or to
 enlarge, the protections that 47 U.S.C. § 230 confers on an  interactive
 computer  service  for  content  provided by another information content
 provider, as such terms are defined in 47 U.S.C. § 230.
   (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO  REQUIRE  RADIO  AND
 TELEVISION STATIONS TO CANCEL, EDIT, INSERT VIDEO LABELS OR AUDIO LABELS
 INTO  POLITICAL  COMMUNICATIONS  WHERE  SUCH ACTION IS INCONSISTENT WITH
 FEDERAL LAW.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 litigation or actions commenced on or after April 20, 2024.