Amendment #3 to H5093

Amendment to Protect Grassroots Candidates

Mr. Gaskey of Carver moves to amend the bill Amendment to Section 1 (definitions)

In the definition of “Materially deceptive audio or visual media”, strike the words “concerning the safety or regular operations of an election or candidate’s appearance, speech or conduct that has been fabricated or intentionally manipulated” and insert in place thereof the following:

“purporting to depict a candidate for elective office or an election official engaged in speech or conduct that did not, in fact, occur, and that has been fabricated or materially altered using synthetic media so as to cause a reasonable person to believe the fabricated or altered speech or conduct actually occurred”.

In the definition of “Materially deceptive election-related communication”, insert after the words “verifiably false information regarding” the words:

“, with the specific intent to prevent or deter an otherwise eligible voter from casting a ballot,”.

Amendment to Section 5 (new § 70 in chapter 56)

In subsection (a)(1), by striking out the words “within 90 days of an election at which a candidate for elective office will appear on the ballot,” and inserting in place thereof the following words:

“within 30 days immediately preceding an election at which a candidate for elective office will appear on the ballot,”.

In subsection (a)(1), after the words “materially deceptive audio or visual media” insert the words:

“that is synthetic media and purports to be an authentic recording of the candidate or election official”.

In subsection (a)(2), after the words “materially deceptive election-related communication” insert the words:

“that is likely to cause substantial voter confusion or disenfranchisement”.

Add the following new subsection after subsection (a):

(a½) Nothing in this section shall apply to any communication that, at the time of distribution, is based on and substantially consistent with: (i) publicly available information published by a federal, state or local election official; or (ii) information later determined to be inaccurate, if the distributor, upon learning of such inaccuracy, takes reasonable steps to correct or withdraw the communication.

In subsection (b)(1), after “the attorney general may seek injunctive or other equitable relief” insert:

“; provided, however, that no prior restraint shall issue unless a court finds, after an evidentiary hearing, that the plaintiff has demonstrated by clear and convincing evidence that the communication is materially deceptive under this section and that there is no less restrictive means, including disclaimer or corrective notice, sufficient to remedy the harm”.

Add the following new subsection:

(b½) In any action under this section, it shall be an affirmative defense that the defendant: (i) clearly and conspicuously disclosed, in close proximity to the communication, that the relevant content was created or altered using synthetic media and does not depict an actual recording of the candidate or election official; or (ii) reasonably believed, based on specific facts, that the communication was accurate at the time of distribution.

Rewrite subsection (c)(2) as follows:

(2) This section shall not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer or mobile application or streaming service, or to an internet website or regularly published newspaper, magazine or other periodical of general circulation, that carries materially deceptive audio or visual media or materially deceptive election-related communication prohibited by this section as part of bona fide news reporting or commentary, if the content is accompanied by a clear disclosure that questions the authenticity or accuracy of such media or communication.

Add a new subsection (d):

(d) This section shall be enforced in a viewpoint-neutral manner. No action shall be brought or maintained under this section based on disagreement with the political, ideological or policy views expressed in a communication.