S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2437--A
     Cal. No. 296
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2025
                                ___________
 
 Introduced by Sens. KRUEGER, WEBB -- read twice and ordered printed, and
   when printed to be committed to the Committee on Elections -- reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, passed by  Senate  and  delivered  to  the
   Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
   amended and ordered reprinted, retaining its place  in  the  order  of
   third reading
 
 AN ACT to amend the election law, in relation to requiring disclosure of
   social media posts that are paid for by a campaign; and authorizes the
   state board of elections to promulgate certain regulations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 14-106 of the election law, as amended by  chapter
 454  of  the laws of 2019, subdivisions 5 and 6 as added by section 1 of
 subpart B of part MM of chapter 58 of the laws of 2024, paragraph (b) of
 subdivision 5 as amended and subdivision 7 as added by  chapter  169  of
 the laws of 2024, is amended to read as follows:
   §  14-106.  Political  communication. 1. The statements required to be
 filed under the provisions of this article next  succeeding  a  primary,
 general or special election shall be accompanied by a copy of all broad-
 cast,  cable  or  satellite  schedules  and  scripts,  paid  internet or
 digital, INCLUDING SOCIAL MEDIA POSTS PAID FOR BY  THE  CAMPAIGN,  print
 and   other  types  of  advertisements,  pamphlets,  circulars,  flyers,
 brochures, letterheads and other printed matter purchased  or  produced,
 and reproductions of statements or information published to five hundred
 or  more members of a general public audience by computer or other elec-
 tronic device including but not  limited  to  electronic  mail  or  text
 message,  purchased  in  connection  with  such election by or under the
 authority of the person filing the statement or  the  committee  or  the
 person  on  whose  behalf  it is filed, as the case may be. Such copies,
 schedules and scripts shall be preserved by the officer with whom or the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06459-05-5
 S. 2437--A                          2
 
 board with which it is required to be filed for a  period  of  one  year
 from the date of filing thereof.
   2.  All  political committees that make an expenditure for a political
 communication shall be required to disclose the identity  of  the  poli-
 tical  committee  which made the expenditure for such political communi-
 cation. The disclosure on printed or digital  political  communications,
 including  but  not  limited to brochures, flyers, posters, mailings, or
 internet advertising, INCLUDING SOCIAL  MEDIA  POSTS  PAID  FOR  BY  THE
 CAMPAIGN,  shall  be  printed or typed in an appropriate legible form to
 read as follows: "Paid for by:" followed by the name  of  the  political
 committee  making  the  expenditure.  The  disclosure  on non-printed or
 digital political communications shall clearly and  prominently  display
 and/or  speak  the following statement:   "Paid for by:" followed by the
 name of the political committee making the expenditure. In the case of a
 political communication that is not visual, such as radio  or  automated
 telephone  calls,  clearly  speaking  the  statement  will  satisfy  the
 requirements of this section.
   3. Political communications  that  are  considered  promotional  items
 which  support a particular candidate, election, ballot measure or issue
 and limit the content of communication to the  name,  office  and  brief
 message  of  support, shall be exempt from the provisions of subdivision
 two of this section. Promotional items shall be items that are of  nomi-
 nal  value  and  are  distributed  to the general public in an effort to
 promote a  particular  candidate,  election,  ballot  measure  or  issue
 including but not limited to pens, bumper stickers, yard signs, buttons,
 shirts, bags or balloons.
   4.  Political  communication  that  is  considered digital media which
 advertises for a particular candidate, election, ballot measure or issue
 which limits the content of communication to the name, office and  brief
 message  shall  not  be  subject to the provisions of subdivision two of
 this section if such digital media is unable to contain  the  "paid  for
 by"  statement  due  to  its  small  size and contains a link to another
 webpage where the "paid for  by"  statement  is  prominently  displayed.
 SOCIAL MEDIA POSTS PAID FOR BY A CAMPAIGN SHALL NOT BE EXEMPTED FROM THE
 PROVISIONS OF THIS SECTION.
   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, committee,
 or  organization  that  distributes  or publishes any political communi-
 cation that was produced by or includes materially deceptive  media  and
 S. 2437--A                          3
 
 has  actual  knowledge that it is materially deceptive shall be required
 to disclose this use.
   (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, clearly speaking the statement at the beginning of  the
 audio,  at  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 satisfies the requirements of clause one
 of this subparagraph.
   (iii) This paragraph shall not apply to the following:
   (1) materially deceptive media that constitutes satire or parody;
   (2) materially deceptive media distributed by a bona fide news report-
 ing entity for the purpose of news reporting or coverage, if the report-
 ing clearly acknowledges through content or a disclosure,  in  a  manner
 that can be easily read or heard by the average listener or viewer, that
 there  are  questions about the authenticity of the materially deceptive
 media;
   (3) a radio or television  broadcasting  station,  including  a  cable
 television, satellite television or streaming service operator, program-
 mer,  producer  or  other  similar  entity,  that broadcasts a political
 communication when the station or streaming service is paid to broadcast
 the political communication if the station or streaming service can show
 that it  has  disclaimer  requirements  that  are  consistent  with  the
 requirements  provided  in  this  paragraph  and  that it provided those
 disclaimer requirements to each person  or  entity  that  purchased  the
 broadcast or streaming of the advertisement; or
   (4)  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.
   (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 distrib-
 ution,  publication or broadcasting of any materially deceptive media in
 violation of this subdivision 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 decep-
 tive. An action under this paragraph shall be  initiated  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 entitled 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.
 S. 2437--A                          4
 
   (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. 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.
   7. Nothing in this section shall be construed to require  entities  to
 cancel,  edit,  or  insert video or audio labels into political communi-
 cations where such action is inconsistent with federal law.
   8. THE STATE BOARD OF ELECTIONS IS AUTHORIZED TO PROMULGATE ADDITIONAL
 REGULATIONS PERTAINING TO THE METHOD OF FILING STATEMENTS REQUIRED TO BE
 PROVIDED PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL BE PROMULGATED
 WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2.  This act shall take effect on the ninetieth day after  it  shall
 have become a law.