WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(A) IN THIS SECTION, "DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A)" MEANS AN IMAGE, AN AUDIO RECORDING, OR A VIDEO RECORDING THAT HAS BEEN INTENTIONALLY CREATED OR MANIPULATED WITH THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE OR OTHER DIGITAL TECHNOLOGY TO CREATE A REALISTIC BUT FALSE DEPICTION OF A PERSON THAT AN ORDINARY PERSON WOULD CONCLUDE IS AN ACTUAL VISUAL OR AUDIO REPRESENTATION OF THE PERSON DEPICTED.
(B) THIS SECTION DOES NOT APPLY TO A DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A) THAT IS: (1) DISSEMINATED BY THE NEWS MEDIA; OR (2) SATIRE OR PARODY.
(C)–(D) 1 A PERSON MAY NOT, WITH FRAUDULENT INTENT, INFLUENCE OR ATTEMPT TO INFLUENCE A VOTER'S DECISION WHETHER OR NOT TO CAST A VOTE OR WHETHER TO VOTE FOR OR AGAINST A CANDIDATE OR BALLOT ISSUE BY DISSEMINATING A DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A). (D) A PERSON ACTS WITH FRAUDULENT INTENT UNDER SUBSECTION (C) OF THIS SECTION ONLY IF THE PERSON DISSEMINATES A DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A): (1) THAT MISREPRESENTS A FACT THAT IS MATERIAL TO A VOTER'S DECISION WHETHER OR NOT TO CAST A VOTE OR WHETHER TO VOTE FOR OR AGAINST A CANDIDATE OR BALLOT ISSUE; (2) WITH KNOWLEDGE THAT THE DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A) IS A DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A), OR WITH RECKLESS DISREGARD FOR WHETHER THE DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A) IS A DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A); AND (3) WITH THE INTENT TO DECEIVE A VOTER AND INDUCE A VOTER TO CAST A VOTE OR NOT CAST A VOTE OR TO VOTE FOR OR AGAINST A CANDIDATE OR BALLOT ISSUE AT LEAST IN PART ON THE BASIS OF THE DECEPTION.
(E) THE FOLLOWING PERSONS MAY NOT BE FOUND TO HAVE VIOLATED THIS SECTION BECAUSE THE PERSON'S SERVICES OR FACILITIES ARE USED BY ANOTHER PERSON TO DISSEMINATE A DEEPFAKEDeepfake"Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.Md. Code, Elec. Law § 16-905(A) IN VIOLATION OF THIS SECTION: (1) AN INTERACTIVE COMPUTER SERVICE, AS DEFINED IN 47 U.S.C. § 230; (2) AN INTERNET SERVICE PROVIDER; (3) A CLOUD SERVICE PROVIDER; (4) A TELECOMMUNICATIONS NETWORK; (5) A RADIO OR TELEVISION BROADCASTING STATION OR NETWORK; (6) A CABLE, SATELLITE RADIO, SATELLITE TELEVISION, OR STREAMING SERVICE OPERATOR, PROGRAMMER, OR PRODUCER; OR (7) A NEWSPAPER, MAGAZINE, WEBSITE, OR OTHER PERIODICAL PUBLICATION.
(F) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN $5,000 OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH.
Section 16-905 is a new standalone provision that prohibits any person from disseminating a deepfake with fraudulent intent to influence a voter's decision. The core prohibition in subsection (C) is qualified by a three-part fraudulent-intent standard in subsection (D) — all three prongs must be satisfied: material misrepresentation, knowledge or reckless disregard of the deepfake's nature, and specific intent to deceive and induce voting behavior. This is a high mens rea threshold that requires both knowledge of falsity and intent to influence through deception.
The bill includes two express carve-outs under subsection (B) — news media dissemination and satire or parody — and a broad intermediary safe harbor in subsection (E) shielding interactive computer services, ISPs, cloud providers, telecoms, broadcasters, and periodical publications from liability when their services are used by another person to disseminate a violating deepfake. The penalty is criminal: a misdemeanor with up to $5,000 fine or 5 years imprisonment.