2023 New York Laws › ELN - Election › Article 14 - Campaign Receipts and Expenditures; Public Financing › Title 1 - Campaign Receipts and Expenditures › 14-106 - Political Communication.

§  14-106.  Political  communication. 1. The statements required to be
filed under the provisions of this article next  succeeding  a  primary,
general  or  special  election  shall  be  accompanied  by a copy of all
broadcast, cable or satellite schedules and scripts,  paid  internet  or
digital,  print and other types of advertisements, pamphlets, circulars,
flyers, brochures, letterheads and other  printed  matter  purchased  or
produced,  and  reproductions  of statements or information published to
five hundred or more members of a general public audience by computer or
other electronic device including but not limited to electronic mail  or
text message, purchased in connection with such election by or under the
authority  of  the  person  filing the statement or the committee or the
person on whose behalf it is filed, as the case  may  be.  Such  copies,
schedules and scripts shall be preserved by the officer with whom or the
board  with  which  it  is required to be filed for a period of one year
from the date of filing thereof.
2. All political committees that make an expenditure for  a  political
communication  shall  be  required  to  disclose  the  identity  of  the
political committee  which  made  the  expenditure  for  such  political
communication.   The   disclosure   on   printed  or  digital  political
communications, including but not limited to brochures, flyers, posters,
mailings, or internet advertising  shall  be  printed  or  typed  in  an
appropriate  legible form to read as follows: "Paid for by:" followed by
the  name  of  the  political  committee  making  the  expenditure.  The
disclosure  on  non-printed  or  digital  political communications shall
clearly and prominently display and/or speak  the  following  statement:
"Paid  for  by:"  followed by the name of the political committee making
the expenditure. In the case of a political communication  that  is  not
visual, such as radio or automated telephone calls, clearly speaking the
statement will satisfy the requirements of this section.
3.  Political  communications  that  are  considered promotional items
which support a particular candidate, election, ballot measure or  issue
and  limit  the  content  of communication to the name, office and brief
message of support, shall be exempt from the provisions  of  subdivision
two  of  this  section.  Promotional  items  shall  be items that are of
nominal value and are distributed to the general public in an effort  to
promote  a  particular  candidate,  election,  ballot  measure  or issue
including but not limited to pens, bumper stickers, yard signs, buttons,
shirts, bags or balloons.
4. Political communication that  is  considered  digital  media  which
advertises for a particular candidate, election, ballot measure or issue
which  limits the content of communication to the name, office and brief
message shall not be subject to the provisions  of  subdivision  two  of
this  section  if  such digital media is unable to contain the "paid for
by" statement due to its small size  and  contains  a  link  to  another
webpage where the "paid for by" statement is prominently displayed.
5. (a) For purposes of this subdivision:
(i)  "Materially deceptive media" means any image, video, audio, text,
or any technological  representation  of  speech  or  conduct  fully  or
partially created or modified that:
(1)  exhibits  a  high  level of authenticity or convincing appearance
that  is  visually  or  audibly  indistinguishable  from  reality  to  a
reasonable person;
(2)  depicts  a  scenario that did not actually occur or that has been
altered in a significant way from how they actually occurred; and
(3) is created by  or  with  software,  machine  learning,  artificial
intelligence,  or  any  other computer-generated or technological means,
including adapting, modifying, manipulating,  or  altering  a  realistic
depiction.
(ii) "Information content provider" means any person or entity that is
responsible,  in  whole  or  in part, for the creation or development of
information provided through  the  Internet  or  any  other  interactive
computer service.
(b) (i) A person, firm, association, corporation, campaign, committee,
or   organization   that   distributes   or   publishes   any  political
communication that was produced  by  or  includes  materially  deceptive
media  and knows or should know that it is materially deceptive shall be
required to disclose this use.
(ii) (1) For visual media the disclosure shall be printed or typed  in
a  legible  font  size  easily readable by the average viewer that is no
smaller than other text appearing in the visual media and  in  the  same
language  used  on  the  communication to read as follows: "This (image,
video, or audio) has been manipulated".
(2) For communication that is auditory, such  as  radio  or  automated
telephone  calls, clearly speaking the statement 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 and in the same language as  the  rest  of
the  audio  used in the communication, and in a pitch that can be easily
heard by the average listener satisfies the requirements of  clause  one
of this subparagraph.
(iii) This paragraph shall not apply to the following:
(1) materially deceptive media that constitutes satire or parody;
(2)  materially  deceptive media created for the purposes of bona fide
news reporting when the required disclosure is included; or
(3) initial dissemination by a platform or service including, but  not
limited to, a website, regularly published newspaper, or magazine, where
the  content  disseminated  is  materially  deceptive  media provided by
another information content provider when a good faith effort  has  been
made to establish that the depiction is not materially deceptive media.
(iv)  A  candidate  whose  voice  or  likeness  appears  in materially
deceptive media in violation of this  subdivision  may  seek  reasonable
court  costs  and  attorneys' fees and injunctive relief prohibiting the
distribution, publication or broadcasting of  any  materially  deceptive
media in violation of this subdivision against such individual or entity
who  disseminated  or  published  such  media without the consent of the
person depicted and who knew or should have known that it was materially
deceptive. An action under this paragraph shall be initiated  by  filing
an application for an order to show cause in the supreme court where the
materially deceptive media at issue could deceive and influence electors
in  an  upcoming election. Such action shall be entitled to an automatic
calendar preference and be  subject  to  expedited  pretrial  and  trial
proceedings.
(v)  In any action alleging a violation of this subdivision in which a
plaintiff seeks preliminary relief with respect to an upcoming election,
the court shall grant relief if it determines that:
(A) plaintiffs are more likely than not to succeed on the merits; and
(B) it is possible to  implement  an  appropriate  remedy  that  would
resolve the alleged violation in the upcoming election.
(vi)  In  any  action  commenced under this subdivision, the plaintiff
bears the burden of establishing the use of materially  deceptive  media
by clear and convincing evidence.
6. Nothing in this section shall be construed to limit, or to enlarge,
the  protections that 47 U.S.C. § 230 confers on an interactive computer
service for content provided by another information content provider, as
such terms are defined in 47 U.S.C. § 230.