Deepfakes in Federal Elections Prohibition Act

Bill: 116-hr-6088
Sponsor: full_name: Rep. Lynch, Stephen F. [D-MA-8]
Introduced: 2020-03-04
Policy area: Government Operations and Politics
Subjects: Civil actions and liability

Criminal investigation, prosecution, interrogation

Criminal procedure and sentencing

Digital media

Elections, voting, political campaign regulation

Fraud offenses and financial crimes

News media and reporting

Photography and imaging

Political advertising

Sound recording
Latest action: action_date: 2020-03-04
text: Referred to the House Committee on House Administration.

Summaries:
action_date: 2020-03-04
action_desc: Introduced in House
text: <p><b>Deepfakes in Federal Elections Prohibition Act</b></p> <p>This bill prohibits the distribution of certain deceptive audio or visual media (i.e., deepfakes) within 60 days of a federal election and establishes criminal penalties for related violations.</p> <p>The bill generally prohibits individuals, political committees, and other entities from distributing with actual malice any materially deceptive audio or visual media of a candidate within 60 days of a federal election with the intent to (1) injure the candidate's reputation, or (2) deceive a voter into voting for or against the candidate.</p> <p>Such prohibition does not apply to (1) audio or visual media containing certain disclosures (e.g., verbal or written statements); or (2) certain entities, such as radio or television broadcasting stations that broadcast such media with disclosures as part of a bona fide newscast.</p> <p>Additionally, the bill establishes a new criminal offense related to the distribution of materially deceptive audio or visual media prior to a federal election. A violator is subject to a fine, up to 5 years in prison, or both.</p> <p>It also permits a candidate whose voice or likeness appears in such deceptive audio or visual media to bring a civil action for damages.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 6088 IN THE HOUSE OF REPRESENTATIVES March 4, 2020 Mr. Lynch (for himself, Mr. DeSaulnier , Mr. Welch , and Mr. Cooper ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to prohibit the distribution of materially deceptive audio or visual media prior to an election for Federal office, and for other purposes.

1. Short title This Act may be cited as the Deepfakes in Federal Elections Prohibition Act . 2. Prohibition on distribution of materially deceptive audio or visual media prior to election (a) In general Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section: 325. Prohibition on distribution of materially deceptive media prior to election (a) In general Except as provided in subsections (b) and (c), a person, political committee, or other entity shall not, within 60 days of a election for Federal office at which a candidate for elective office will appear on the ballot, distribute, with actual malice, materially deceptive audio or visual media of the candidate with the intent to injure the candidate’s reputation or to deceive a voter into voting for or against the candidate. (b) Exception (1) Required language The prohibition in subsection (a) does not apply if the audio or visual media includes— (A) a disclosure stating: “This _____ has been manipulated.”; and (B) filled in the blank in the disclosure under subparagraph (A), the term image , video , or audio , as most accurately describes the media. (2) Visual media For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video. (3) Audio-only media If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, 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. (c) Inapplicability to certain entities This section does not apply to the following: (1) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts materially deceptive audio or visual media prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially deceptive audio or visual media. (2) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast materially deceptive audio or visual media. (3) An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate. (4) Materially deceptive audio or visual media that constitutes satire or parody. (d) Civil action (1) Injunctive or other equitable relief A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may seek injunctive or other equitable relief prohibiting the distribution of audio or visual media in violation of this section. An action under this paragraph shall be entitled to precedence in accordance with the Federal Rules of Civil Procedure. (2) Damages A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may bring an action for general or special damages against the person, committee, or other entity that distributed the materially deceptive audio or visual media. The court may also award a prevailing party reasonable attorney’s fees and costs. This paragraph shall not be construed to limit or preclude a plaintiff from securing or recovering any other available remedy. (3) Burden of proof In any civil action alleging a violation of this section, the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence. (e) Rule of construction This section shall not be construed to alter or negate any rights, obligations, or immunities of an interactive service provider under section 230 of title 47, United States Code. (f) Materially deceptive audio or visual media defined In this section, the term materially deceptive audio or visual media means an image or an audio or video recording of a candidate’s appearance, speech, or conduct that has been intentionally manipulated in a manner such that both of the following conditions are met: (1) The image or audio or video recording would falsely appear to a reasonable person to be authentic. (2) The image or audio or video recording would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content of the image or audio or video recording than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio or video recording. . (b) Criminal penalties Section 309(d)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(d)(1) ) is amended by adding at the end the following new subparagraph: (G) Any person who knowingly and willfully commits a violation of section 325 shall be fined not more than $100,000, imprisoned not more than 5 years, or both. . (c) Effect on defamation action For purposes of an action for defamation, a violation of section 325 of the Federal Election Campaign Act of 1971, as added by subsection (a), shall constitute defamation per se.