Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2831 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2831
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, June 21, 2024.
8	8	The committee on Advanced Information Technology, the Internet and Cybersecurity, to
9	9	whom was referred the petitions (accompanied by bill, Senate, No. 2730) (subject to Joint Rule
10	10	12) of Barry R. Finegold and Frank A. Moran for legislation relative to deceptive and fraudulent
11	11	deepfakes in election communications, report the accompanying bill (Senate, No. 2831).
12	12	For the committee,
13	13	Michael O. Moore 1 of 5
14	14	FILED ON: 6/18/2024
15	15	SENATE . . . . . . . . . . . . . . No. 2831
16	16	The Commonwealth of Massachusetts
17	17	_______________
18	18	In the One Hundred and Ninety-Third General Court
19	19	(2023-2024)
20	20	_______________
21	21	An Act relative to disinformation in elections.
22	22	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
23	23	of the same, as follows:
24	24	1 Chapter 56 of the General Laws is hereby amended by inserting after section 42 the
25	25	2following section:-
26	26	3 Section 42A. Disinformation in Elections.
27	27	4 (a) As used in this section, the following words shall have the following meanings unless
28	28	5the context clearly requires otherwise:
29	29	6 “Candidate” shall have the same meanings as defined in section 1 of chapter 55 of the
30	30	7General Laws.
31	31	8 “Materially deceptive audio or visual media”, an image or an audio or video recording
32	32	9concerning the safety or regular operations of an election or of a candidate’s appearance, speech,
33	33	10or conduct that has been fabricated or intentionally manipulated in a manner such that both of the
34	34	11following conditions are met: 2 of 5
35	35	12 (1) The image or audio or video recording would falsely appear to a reasonable person to
36	36	13be authentic; and
37	37	14 (2) The image or audio or video recording would cause a reasonable person to have a
38	38	15fundamentally different understanding or impression of the expressive content of the image or
39	39	16audio or video recording than that person would have if the person were hearing or seeing an
40	40	17unaltered, original image or audio or video recording.
41	41	18 “Person”, an individual, corporation, political committee, association, operation, firm,
42	42	19partnership, trust or other form of business or personal association.
43	43	20 “Political party” shall have the meaning as defined in section 1 of chapter 50 of the
44	44	21General Laws.
45	45	22 (b) Except as provided in subsection (c), a person, candidate, campaign committee,
46	46	23political action committee, political issues committee, political party, or other entity shall not,
47	47	24within 90 days of an election at which a candidate for elective office will appear on the ballot,
48	48	25distribute with actual malice:
49	49	26 (1) materially deceptive audio or visual media depicting the candidate with the intent to
50	50	27injure the candidate’s reputation or deceive a voter into voting for or against the candidate; or
51	51	28 (2) materially deceptive audio or visual media concerning the safety or regular operations
52	52	29of an election intended disrupt the integrity of the electoral process.
53	53	30 (c) (1) The prohibition in subsection (a) does not apply if the audio or visual media
54	54	31includes a disclosure stating: “This _____ has been manipulated.” 3 of 5
55	55	32 (2) The blank in the disclosure required by paragraph (1) shall be filled with whichever of
56	56	33the following terms most accurately describes the media:
57	57	34 (i) Image;
58	58	35 (ii) Video; or
59	59	36 (iii) Audio.
60	60	37 (3) (i) For visual media, the text of the disclosure shall appear in a size that is easily
61	61	38readable by the average viewer and no smaller than the largest font size of other text appearing in
62	62	39the visual media. If the visual media does not include any other text, the disclosure shall appear
63	63	40in a size that is easily readable by the average viewer. For visual media that is video, the
64	64	41disclosure shall appear for the duration of the video.
65	65	42 (ii) If the media consists of audio only, the disclosure shall be read in a clearly spoken
66	66	43manner and in a pitch that can be easily heard by the average listener, at the beginning of the
67	67	44audio, at the end of the audio, and, if the audio is greater than two minutes in length, interspersed
68	68	45within the audio at intervals of not greater than two minutes each.
69	69	46 (d) (1) A candidate for elective office whose voice or likeness appears in a materially
70	70	47deceptive audio or visual media distributed in violation of this section or the attorney general
71	71	48may seek injunctive or other equitable relief prohibiting the distribution of audio or visual media
72	72	49in violation of this section.
73	73	50 (2) A candidate for elective office whose voice or likeness appears in a materially
74	74	51deceptive audio or visual media distributed in violation of this section may bring an action for
75	75	52general or special damages against a person, candidate, campaign committee, political action 4 of 5
76	76	53committee, political issues committee, political party, or other entity that distributed the
77	77	54materially deceptive audio or visual media. The court may also award a prevailing party
78	78	55reasonable attorney’s fees and costs. This subsection shall not be construed to limit or preclude a
79	79	56plaintiff from securing or recovering any other available remedy.
80	80	57 (3) In any civil action alleging a violation of this section, the plaintiff shall bear the
81	81	58burden of establishing the violation through clear and convincing evidence.
82	82	59 (e) (1) This section shall not be construed to alter or negate any rights, obligations, or
83	83	60immunities of an interactive service provider under Section 230 of Title 47 of the United States
84	84	61Code.
85	85	62 (2) This section does not apply to a radio or television broadcasting station, including a
86	86	63cable or satellite television operator, programmer, producer, or mobile application or streaming
87	87	64service that broadcasts materially deceptive audio or visual media prohibited by this section as
88	88	65part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of
89	89	66bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in
90	90	67a manner that can be easily heard or read by the average listener or viewer, that there are
91	91	68questions about the authenticity of the materially deceptive audio or visual media.
92	92	69 (3) This section does not apply to a radio or television broadcasting station, including a
93	93	70cable or satellite television operator, programmer, producer, or mobile application or streaming
94	94	71service when it is paid to broadcast materially deceptive audio or visual media.
95	95	72 (4) This section does not apply to an internet website, or a regularly published newspaper,
96	96	73magazine, or other periodical of general circulation, including an internet or electronic
97	97	74publication, that routinely carries news and commentary of general interest, and that publishes 5 of 5
98	98	75materially deceptive audio or visual media prohibited by this section, if the publication clearly
99	99	76states that the materially deceptive audio or visual media does not accurately represent the
100	100	77speech or conduct of the candidate.
101	101	78 (5) This section does not apply to materially deceptive audio or visual media that
102	102	79constitutes satire or parody.