§ 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 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 acknowledges 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.

(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.

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.