Senate Bill S8631

2023-2024 Legislative Session

Enacts the "New York false AI representations "New York FAIR" act; to provide relief against the use of materially deceptive media in political communications

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S8631 (ACTIVE) - Details

See Assembly Version of this Bill:
A9816
Current Committee:
Senate Rules
Law Section:
Election Law
Laws Affected:
Add §16-119, El L

2023-S8631 (ACTIVE) - Summary

Permits a candidate who was depicted in materially deceptive media in a political communication to seek injunctive or other equitable relief prohibiting the publication of such materially deceptive media unless certain disclosures are provided; establishes an affirmative defense.

2023-S8631 (ACTIVE) - Sponsor Memo

2023-S8631 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8631
 
                             I N  S E N A T E
 
                             February 23, 2024
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to proceedings to prohibit
   the use of materially deceptive media in political communications
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.   Short title. This act shall be known and may be cited as
 the "New York false AI representations act (New York FAIR Act)".
   § 2.  The election law is amended by adding a new  section  16-119  to
 read as follows:
   §  16-119.    MATERIALLY  DECEPTIVE  MEDIA;  PROCEEDINGS.  1.  FOR THE
 PURPOSES OF THIS SECTION, THE TERM "MATERIALLY  DECEPTIVE  MEDIA"  MEANS
 ANY  IMAGE,  AUDIO  OR  VIDEO  OF  A  CANDIDATE'S APPEARANCE, SPEECH, OR
 CONDUCT THAT HAS  BEEN  INTENTIONALLY  MANIPULATED,  USED  FOR  CAMPAIGN
 PURPOSES IN A MANNER WHICH:
   (A)  FALSELY  DEPICTS  AN  INDIVIDUAL ENGAGING IN SPEECH OR CONDUCT IN
 WHICH THE DEPICTED INDIVIDUAL DID NOT IN FACT ENGAGE;
   (B) A REASONABLE VIEWER OR LISTENER WOULD INCORRECTLY BELIEVE THAT THE
 DEPICTED INDIVIDUAL ENGAGED IN THE SPEECH OR CONDUCT DEPICTED; AND
   (C) IS CREATED BY OR WITH A MACHINE-BASED SYSTEM THAT, FOR EXPLICIT OR
 IMPLICIT OBJECTIVES, INFERS, FROM THE INPUT IT RECEIVES, HOW TO GENERATE
 OUTPUTS SUCH AS PREDICTIONS, CONTENT, RECOMMENDATIONS, OR DECISIONS THAT
 CAN INFLUENCE PHYSICAL OR VIRTUAL ENVIRONMENTS.
   2. ANY CANDIDATE DEPICTED IN MATERIALLY DECEPTIVE MEDIA SHALL  HAVE  A
 CAUSE  OF  ACTION  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.
   3.  IN  ANY  ACTION  COMMENCED  PURSUANT  TO  SUBDIVISION  ONE OF THIS
 SECTION, THE FINDER OF FACT, IN ITS  DISCRETION,  MAY  AWARD  INJUNCTIVE
 RELIEF,  PUNITIVE  DAMAGES,  COMPENSATORY  DAMAGES  AND REASONABLE COURT
 COSTS AND ATTORNEYS' FEES.
   4. A CAUSE OF ACTION OR SPECIAL PROCEEDING UNDER THIS SECTION SHALL BE
 COMMENCED WITHIN THREE YEARS AFTER THE DISSEMINATION OR  PUBLICATION  OF
 SUCH MEDIA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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