Permits a candidate who was depicted in materially deceptive media in a political communication to seek injunctive or other equitable relief prohibiting the publication of such materially deceptive media unless certain disclosures are provided; establishes an affirmative defense.
S T A T E O F N E W Y O R K
________________________________________________________________________
9816
I N A S S E M B L Y
April 9, 2024
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to proceedings to prohibit
the use of materially deceptive media in political communications
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York false AI representations act (New York FAIR Act)".
§ 2. The election law is amended by adding a new section 16-119 to
read as follows:
§ 16-119. MATERIALLY DECEPTIVE MEDIA; PROCEEDINGS. 1. FOR THE
PURPOSES OF THIS SECTION, THE TERM "MATERIALLY DECEPTIVE MEDIA" MEANS
ANY IMAGE, AUDIO OR VIDEO OF A CANDIDATE'S APPEARANCE, SPEECH, OR
CONDUCT THAT HAS BEEN INTENTIONALLY MANIPULATED, USED FOR CAMPAIGN
PURPOSES IN A MANNER WHICH:
(A) FALSELY DEPICTS AN INDIVIDUAL ENGAGING IN SPEECH OR CONDUCT IN
WHICH THE DEPICTED INDIVIDUAL DID NOT IN FACT ENGAGE;
(B) A REASONABLE VIEWER OR LISTENER WOULD INCORRECTLY BELIEVE THAT THE
DEPICTED INDIVIDUAL ENGAGED IN THE SPEECH OR CONDUCT DEPICTED; AND
(C) IS CREATED BY OR WITH A MACHINE-BASED SYSTEM THAT, FOR EXPLICIT OR
IMPLICIT OBJECTIVES, INFERS, FROM THE INPUT IT RECEIVES, HOW TO GENERATE
OUTPUTS SUCH AS PREDICTIONS, CONTENT, RECOMMENDATIONS, OR DECISIONS THAT
CAN INFLUENCE PHYSICAL OR VIRTUAL ENVIRONMENTS.
2. ANY CANDIDATE DEPICTED IN MATERIALLY DECEPTIVE MEDIA SHALL HAVE A
CAUSE OF ACTION AGAINST SUCH INDIVIDUAL OR ENTITY WHO DISSEMINATED OR
PUBLISHED SUCH MEDIA WITHOUT THE CONSENT OF THE PERSON DEPICTED AND WHO
KNEW OR SHOULD HAVE KNOWN THAT IT WAS MATERIALLY DECEPTIVE.
3. IN ANY ACTION COMMENCED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, THE FINDER OF FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE
RELIEF, PUNITIVE DAMAGES, COMPENSATORY DAMAGES AND REASONABLE COURT
COSTS AND ATTORNEYS' FEES.
4. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
COMMENCED WITHIN THREE YEARS AFTER THE DISSEMINATION OR PUBLICATION OF
SUCH MEDIA.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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