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.
(4) Enforcement. A violation of this section may result in a civil penalty of no more than 100% of the amount of the expenditure in violation, except that a violation of subsection 5-B may result in a penalty of no more than 500% of the amount of the expenditure in violation and except that an expenditure for yard signs lacking the required information may result in a maximum civil penalty of $200. In assessing a civil penalty, the commission shall consider, among other things, how widely the communication was disseminated, whether the violation was intentional, whether the violation occurred as the result of an error by a printer or other paid vendor and whether the communication conceals or misrepresents the identity of the person who financed it. If the person who financed the communication or who committed the violation corrects the violation within 10 days after receiving notification of the violation from the commission by adding the missing information to the communication, the commission may decide to assess no civil penalty, except for violations of subsection 5-B.
Section 1 of the bill amends the existing enforcement provision of Maine's campaign disclosure statute to add a heightened penalty tier for violations of the new synthetic media disclosure requirement. While other disclosure violations carry a maximum civil penalty of 100% of the expenditure amount, violations involving synthetic media (subsection 5-B) may result in a penalty of up to 500% of the expenditure. Importantly, the 10-day cure period that otherwise allows a violator to avoid penalties by correcting the disclosure does not apply to synthetic media violations.
(5-B) 1 Use of synthetic mediasynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communication.21-A MRSA § 1014(5-B)(B) in political communications. A person or an entity required to provide a disclosure under this section shall disclose, as part of the required disclosure, when an image, audio or video used in a communication has been materially manipulated or altered and the communication contains synthetic mediasynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communication.21-A MRSA § 1014(5-B)(B). The disclosure must include the words "THIS COMMUNICATION CONTAINS AUDIO, VIDEO AND/OR IMAGES THAT HAVE BEEN MANIPULATED OR ALTERED."
(5-B) ¶2 The commission shall establish by routine technical rule, adopted in accordance with Title 5, chapter 375, subchapter 2-A, criteria regarding size and placement of the disclosure required under this subsection.
(5-B)(A) For purposes of this subsection, "deceptive or fraudulent political communicationdeceptive or fraudulent political communication"deceptive or fraudulent political communication" means synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter and that: (1) Appears to a reasonable person to depict a real individual saying or doing something that did not actually occur; or (2) Provides a reasonable person a materially different understanding or impression of the appearance, action or speech than a reasonable person would have from an unaltered, original version of an image, audio recording or video recording.21-A MRSA § 1014(5-B)(A)" means synthetic mediasynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communication.21-A MRSA § 1014(5-B)(B) that depicts a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter and that: (1) Appears to a reasonable person to depict a real individual saying or doing something that did not actually occur; or (2) Provides a reasonable person a materially different understanding or impression of the appearance, action or speech than a reasonable person would have from an unaltered, original version of an image, audio recording or video recording.
(5-B)(B) For purposes of this subsection, "synthetic mediasynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communication.21-A MRSA § 1014(5-B)(B)" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communicationdeceptive or fraudulent political communication"deceptive or fraudulent political communication" means synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter and that: (1) Appears to a reasonable person to depict a real individual saying or doing something that did not actually occur; or (2) Provides a reasonable person a materially different understanding or impression of the appearance, action or speech than a reasonable person would have from an unaltered, original version of an image, audio recording or video recording.21-A MRSA § 1014(5-B)(A).
(5-B)(C) This subsection does not apply to: (1) A radio or television broadcasting station, including a cable or satellite television operator, programmer or producer, that broadcasts synthetic mediasynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communication.21-A MRSA § 1014(5-B)(B) as part of a bona fide newscast, news interview, news documentary or on-the-spot coverage of a bona fide news event, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the synthetic mediasynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communication.21-A MRSA § 1014(5-B)(B) or in cases where federal law requires broadcasters to air advertisements from legally qualified candidates as defined by 47 Code of Federal Regulations, Section 73.1940 (2022); (2) A radio or television broadcasting station, including a cable or satellite television operator, programmer or producer, when it is paid to broadcast synthetic mediasynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communication.21-A MRSA § 1014(5-B)(B) and has made a good faith effort to establish the depiction is not a deceptive or fraudulent political communicationdeceptive or fraudulent political communication"deceptive or fraudulent political communication" means synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter and that: (1) Appears to a reasonable person to depict a real individual saying or doing something that did not actually occur; or (2) Provides a reasonable person a materially different understanding or impression of the appearance, action or speech than a reasonable person would have from an unaltered, original version of an image, audio recording or video recording.21-A MRSA § 1014(5-B)(A) or in cases where federal law requires broadcasters to air advertisements from legally qualified candidates as defined by 47 Code of Federal Regulations, Section 73.1940 (2022); (3) A website or a regularly published newspaper, magazine or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest and that publishes a deceptive or fraudulent political communicationdeceptive or fraudulent political communication"deceptive or fraudulent political communication" means synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter and that: (1) Appears to a reasonable person to depict a real individual saying or doing something that did not actually occur; or (2) Provides a reasonable person a materially different understanding or impression of the appearance, action or speech than a reasonable person would have from an unaltered, original version of an image, audio recording or video recording.21-A MRSA § 1014(5-B)(A), if the publication clearly states that the deceptive or fraudulent political communicationdeceptive or fraudulent political communication"deceptive or fraudulent political communication" means synthetic media that depicts a candidate or political party with the intent to injure the reputation of the candidate or political party or otherwise deceive a voter and that: (1) Appears to a reasonable person to depict a real individual saying or doing something that did not actually occur; or (2) Provides a reasonable person a materially different understanding or impression of the appearance, action or speech than a reasonable person would have from an unaltered, original version of an image, audio recording or video recording.21-A MRSA § 1014(5-B)(A) does not accurately represent the speech or conduct of the candidate; and (4) Materially deceptive audio or visual media that constitutes satire or parody.
(5-B)(D) In addition to any other remedy that may be available, the commission may bring a civil action in the Superior Court for injunctive or other appropriate equitable relief in order to prohibit the dissemination of synthetic mediasynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology or in any other manner to create a materially deceptive or fraudulent political communication.21-A MRSA § 1014(5-B)(B) in violation of this subsection. If the court finds a violation of this subsection, the court may award to the commission the costs of the action together with reasonable attorney's fees as determined by the court.
Subsection 5-B is the operative heart of the bill. It imposes a mandatory disclosure obligation on any person or entity already required to provide a disclosure under the campaign finance statute: when a political communication contains synthetic media — images, audio, or video materially manipulated using digital technology — the disclosure must include prescribed verbatim language identifying the manipulation. The commission is directed to adopt rules on the size and placement of the required disclosure.
Paragraphs A and B define the key terms deceptive or fraudulent political communication and synthetic media, anchoring both to a reasonable-person standard. Paragraph C carves out bona fide news operations, paid broadcasts made in good faith, news publications that disclaim authenticity, and satire or parody. Paragraph D grants the commission authority to seek injunctive relief in Superior Court, with costs and attorney's fees recoverable upon a finding of violation.