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NY A09816

Bill

Status

Introduced

4/9/2024

Primary Sponsor

Alex Bores

Click for details

Origin

Assembly

2023-2024 General Assembly

AI Summary

  • Creates cause of action for candidates depicted in "materially deceptive media" (AI-generated or machine-manipulated images, audio, or video) used in political communications without consent when disseminator knew or should have known it was deceptive.

  • Allows courts to award injunctive relief, punitive damages, compensatory damages, and reasonable court costs and attorney's fees in such actions, with cases receiving expedited proceedings and automatic calendar preference.

  • Establishes affirmative defense if manipulated media includes clear disclosure stating "This (image/video/audio) has been manipulated" in readable font size (for visual media) or clearly spoken at beginning, end, and every two minutes (for audio).

  • Exempts bona fide news broadcasts, news interviews, news documentaries, and news event coverage if they include clear disclosure that media does not accurately represent the candidate's speech or conduct; also exempts satire or parody.

  • Requires plaintiff to prove use of materially deceptive media by clear and convincing evidence, with three-year statute of limitations from dissemination or publication, and preserves protections under federal law (47 U.S.C. § 230) for interactive computer services.

Legislative Description

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.

Last Action

referred to election law

4/9/2024

Committee Referrals

Election Law4/9/2024

Full Bill Text

No bill text available