To protect against election misinformation
If enacted, this bill would significantly amend Chapter 56 of the General Laws to include a specific section aimed at combating election misinformation. The introduction of stringent measures against deceptive practices may enhance voter trust and electoral integrity, potentially reducing the influence of misinformation campaigns, especially those utilizing generative artificial intelligence to create false narratives. The bill further empowers individuals whose likeness appears in misleading communications, allowing them to seek judicial recourse for damages and requiring proof by 'clear and convincing evidence'.
Senate Bill S44, titled 'An Act to protect against election misinformation', seeks to address the challenges presented by misleading election-related communications. The legislation focuses on restricting the distribution of materially deceptive election-related material within 90 days of an election, specifically targeting information that could mislead voters regarding crucial aspects related to elections, such as dates, registration methods, and candidate endorsements. The bill emphasizes the use and implications of artificial intelligence in the creation of deceptive content, thereby acknowledging the evolving technological landscape surrounding election communications.
Notably, the bill delineates exemptions, particularly for media outlets that air such communications as part of genuine news coverage, provided there is a clear disclosure regarding the authenticity of the content. This aspect is likely to spark debate about the limits of media freedom versus the necessity of safeguarding voters from deception. Concerns might arise over the practical enforcement of this legislation, particularly in discerning what constitutes 'materially deceptive' communications in a politically charged environment, raising questions about the balance between regulation and free speech.