AN ACT to amend the election law, in relation  to  materially  deceptive media in political communications
 
THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
 
Section 1. Paragraph (b) of subdivision 5 of  section  14-106  of  the election  law,  as added by section 1 of subpart B of part MM of chapter 58 of the laws of 2024, is amended and a new subdivision 7 is added  to read as follows:
(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 has actual knowledge 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 distributed by a bona fide news reporting entity for the purpose of news reporting  or  coverage,  if the reporting clearly acknowledge through content or a disclosure,  in  a  manner  that  can  be  easily read or heard by the average listener or viewer, that there are questions about the  authenticity  of the materially deceptive media; 
(3)  a  radio  or  television  broadcasting station, including a cable television, satellite television or streaming service operator, programmer, producer or other  similar  entity,  that  broadcasts  a  political communication when the station or streaming service is paid to broadcast the political communication if the station or streaming service can show that  it  has  disclaimer  requirements  that  are  consistent  with the requirements provided in this  paragraph  and  that  it  provided  those disclaimer  requirements  to  each  person  or entity that purchased the broadcast or streaming of the advertisement; or
(4) 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.


7. Nothing in this section shall be construed to require  entities  to cancel,  edit,  or  insert video or audio labels into political communications where such action is inconsistent with federal law.
§ 2. This act shall take effect immediately.