An Act to Protect the
Maine Legislature, Session 132, LD 0517
Committee Amendment CA_A_H837 (House)
Amends: 21-A MRSA §1014

COMMITTEE AMENDMENT "/\ " to H.P. 335, L.D. 517, "An Act to Protect the
First Amendment Rights of Individuals in the State"
Amend the bill by striking out the title and substitutmg the following:
'An Act Regarding Synthetic Media in Campaign Advertising'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
"See. 1. 21-A MRSA §1014, sub-§3, as amended by PL 2025, c. 224, §7, is further
amended to read:
3. Broadcasting prohibited without disclosure. A Except as provided in subsection
5-C. paragraph C. a person operating a broadcast, cable or satellite system within this State
may not broadcast any public communication, as described in subsections 1 to 2-A, without
an oral or written visual announcement oftihte each disclosure required by this section.
Sec. 2. 21-A MRSA §1014, sub-§3-B, as amended by PL 2025, c. 224, §7, is
further amended to read:
3-B. Newspapers. A Except as provided m subsection 5-C, paragraph C. a newspaper
may not publish a public communication described in subsections 1 to 2-A without
including Ae each disclosure required by this section. For purposes of this subsection,
"newspaper" includes any printed material intended for general circulation or to be read by
the general public, including a version of the newspaper displayed on a website owned or
operated by the newspaper, When necessary, a newspaper may seek the advice of the
commission regarding whether or not a communication requires the disclosure.
Sec. 3. 21-A MRSA §1014, sub-§4, as amended by PL 2025,c. 224,§7, is further
amended to read:
4. Enforcement. A violation of this section may result in a civil penalty of no more
than 100% of the amount of the expenditure in violation, except that a violation of
subsection 5-C may result in a civil penalty of no more than 500% of the amount of the
5 expenditure in violation and except that an expenditure for yard signs lacking the required
COMMITTEE AMENDMENT
ftOS
COMMITTEE AMENDMENT " L\" to H.P. 335, L.D. 517
"pfl
information may result m a maximum civil penalty of $200. In assessing a civil penalty,
the commission shall consider, among other things, how widely the public communication
was disseminated, whether the violation was intentional, whether the violation occurred as
the result of an error by a printer or other paid vendor and whether the public
communication conceals or misrepresents the identity of the person who financed it. If the
person who financed the public communication or who committed the violation corrects
the violation within 10 days after receiving notification of the violation from the
commission by adding the missing information to the public communication, the
commission may. except for a violation of subsection 5-C. decide to assess no civil penalty,
Sec. 4. 21-A MRSA §1014, sub-§5-C is enacted to read:
5-C. Use of synthetic media. Whenever a public communication that requires a
disclosure under subsections 1. 2. 2-A or 2-B contains synthetic media, the public
communication must include, in addition to any other required disclosure, the words "THIS
COMMUNICATION CONTAINS AUDIO. VIDEO AND/OR IMAGES THAT HAVE
BEEN MANIPULATED OR ALTERED." The commission shall adopt mles reeardine the
manner, size and placement of the disclosure reouired under this subsection. Rules adQpted
pursuant to this subsection are routine technical mles as defmed in Title 5. chapter 375.
subchaoter 2-A,
A. For purposes of this subsection, "synthetic media" means an image, an audio
recordmg or a video recording deoictme a candidate's appearance. speech or conduct
that:
('l)In a manner that is likely to deceive a reasonable person, depicts the candidate
saving pr domgsomethmg that the candidate did not say or do; or
(2} Has been manipulated or altered_ma. manner ihat is ijkelv to Erovide a
reasonable person with a materially different understandine or impression of the
candidate's appearance, action or speech than a reasonable uerson would have from,
an_unaltered, orieinal version of the image, audio recording or^video recording,
B, For purposes of this subsection, "synthetic media" does not mclude:
d) An unaee. an audio recording or a video recordine demctine a candidate's
appearance, speech or conduct that has been modified to improve audio, video or
image clarity, to add caBtiQns or to hiehlieht a sBecificAection of the image, audio
recordine or video recordine as lone as the modification does not create a
3 materially different understanding or imoression of the candidate's appearance.
action or speech than a reasonable person would have from an unaltered. orieinal
5 version of the image, audio recordine or video recording; or
(2) Satire or parody.
C, A person operating a broadcast, cable or satellite system within the State that
broadcasts a miblic communication does not violate this sybsection and a newspaner
that publishes a public communication does not violate this subsection unless the
broadcaster broadcasts or newspaper publishes a paid public communication with
41, actuaL knowledge that the public communication contains synthetic media. The
broadcaster's or newspaper's receipt of an allegation made by a 3rd party that a public
communication contains synthetic media does not, by itself, constitute actual
knowledge by the broadcaster or newspaper that the public communication contains
COMMITTEE AMENDMENT
^QS
COMMITTEE AMENDMENT "^V" to H,P. 335, L.D. 517
•A-
synthetic media. For purposes of this paraeraoh. newspaper" has the same meaning
as in subsection 3-B,
D. The commission shall notify the Office of the Attorney General if a person who is
m violation of this subsection does not cease violating this subsection after being
notified of the violation by the commission or if the commission is unable for any
reason to notify a person that the person is in violation of this subsection. The Attorney
General may bring a civil action in the Superior Court of Kermebec County for
miunctive or other appropriate equitable relief requiring the person to comply with this
subsection. An action under this paragraph may be combined with an action under
section 1004-B for the purposes of the enforcement of penalties assessed by the
commission. If the Attorney General prevails in an action under this paragraph, the
court may award to the Attorney General the costs of the action together with
reasonable attomeY'sfees as determined by the court.
E, This subsection may not be construed to prohibit or limit any other cause of action
that a person may have against a person who violates this subsectiQn,'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill, which
is a concept draft, and changes the title.
The amendment requires certain political public communications that contam synthetic
media to be accompanied by a disclosure revealing that the communication contains audio,
video or images that have been manipulated or altered. It defines "synthetic media" as an
image, an audio recording or a video recording depicting a candidate's appearance, speech
or conduct that either depicts the candidate saying or doing something the candidate did
not do or say in a manner that is likely to deceive a reasonable person or that has been
manipulated or altered in a manner likely to provide a reasonable person with a materially
different understanding or impression of the candidate's appearance, action or speech than
a reasonable person would have from an unaltered, origmal version of the communication.
Public communications that are satu-e or parody or that contain only minor modifications
are not subject to the disclosure requirement. The amendment clarifies that broadcasters
and newspapers may not be found in violation of the disclosure requirement unless they
broadcast or publish a paid public communication with actual knowledge that it contains
synthetic media.
The amendment also clarifies that violations of the disclosure requirement are subject
to investigation by the Commission on Governmental Ethics and Election Practices, which
may impose a civil penalty of up to 500% of the amount of the expenditure made for the
public communication. The Attorney General may also bring a civil action for injunctive
or other appropriate equitable relief requiring compliance with the requirements of this
legislation,
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/02/26
L.FS.L
LD 517 LR 1130(02)
An Act to Protect the First Amendment Rights of Individuals in the State
Fiscal Note for Bill as Amended by Committee Amendment ^ /(_/-':
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system. The additional workload associated with
minimal number of new cases filed m the court system does not require additional funding at this time. The colleciiuu
of additional filing fees will increase General Fund revenue by minor amounts.
LRU30(02) - Fiscal Note - Page 1 of 1