TrustVoting Atlas

misdemeanor; penalties; injunctive relief; definitions.
 Sec. 932f.
    (1) Except as otherwise provided in subsection (2), a person shall not distribute, or enter
 into an agreement with another person to distribute, materially deceptive media if all of the
 following apply:
    (a) The person knows the media falsely represents a depicted individual.
    (b) The distribution occurs within 90 days before an election.
    (c) The person intends the distribution to harm the reputation or electoral prospects of a
 candidate in an election, and the distribution is reasonably likely to cause that result.
    (d) The person intends the distribution to change the voting behavior of electors in an
 election by deceiving the electors into incorrectly believing that the depicted individual in fact
 engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause
 that result.
    (2) The prohibition in subsection (1) does not apply if all of the following conditions are
 met:
    (a) The media includes a disclaimer informing the viewer that the media has been
 manipulated by technical means and depicts speech or conduct that did not occur. The
 following disclaimer is sufficient, but not necessary, to satisfy the requirement under this
 subdivision:
    "This ___________ (image, audio, or video) has been manipulated by technical means and
 depicts speech or conduct that did not occur.".
    (b) If the media is a video, the disclaimer meets all of the following requirements:
    (i) Appears throughout the entirety of the video.
    (ii) Is clearly visible to and readable by an observer.
    (iii) Is in letters at least as large as the majority of any text communication, or if there is no
 other text communication, in a size that is easily readable by the average viewer.
    (iv) Is in the same language as the language used in the video media.




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    (c) If the media consists only of audio and contains no image or video, the disclaimer is read
 at the beginning and end of the media in a clearly spoken manner, in a pitch that can be easily
 heard by the average listener, and in the same language as the audio media.
    (d) If the media is an image, the disclaimer meets all of the following requirements:
    (i) Is clearly visible to and readable by the average viewer.
    (ii) If the media contains other text, is in letters at least as large as the majority of the other
 text.
    (iii) Is in the same language as the language used in the image media.
    (e) If the media was generated by editing an existing image, audio, or video, the media
 includes a citation directing the viewer or listener to the original source from which the
 unedited version of the existing image, audio, or video was obtained.
    (3) A person that violates this section is guilty of a crime as follows:
    (a) For a first violation, a misdemeanor punishable by imprisonment for not more than 90
 days or a fine of not more than $500.00, or both.
    (b) If a violation occurs within 5 years of a previous conviction for a violation under this
 section, a felony punishable by imprisonment for not more than 5 years or a fine of not more
 than $1,000.00, or both.
    (4) Subject to subsection (9), the attorney general, a depicted individual, a candidate for
 office who has been injured or is likely to be injured by the distribution of materially deceptive
 media, or any organization that represents the interests of voters likely to be deceived by the
 distribution of materially deceptive media, may seek permanent injunctive relief against a
 person that violates this section in any of the following courts:
    (a) The circuit court for the county in which a party to the alleged violation resides.
    (b) The circuit court for the county in which the materially deceptive media at issue could
 deceive and influence electors in an upcoming election.
    (5) Upon the filing of a complaint for injunctive relief under subsection (4), the court must
 review the complaint to determine whether the complaint is frivolous. If the court determines
 that the complaint for injunctive relief is frivolous, the court shall issue an order suspending
 the defendant's obligation to respond to the complaint and shall order the plaintiff to show
 cause why the complaint for injunctive relief should not be dismissed. If the plaintiff fails to
 respond to the court or the plaintiff's response to the court confirms that the complaint for
 injunctive relief is frivolous, the court shall dismiss the complaint for injunctive relief. If the
 plaintiff's response to the court assures the court that the complaint for injunctive relief is not
 frivolous, the court shall direct the defendant to answer the complaint for injunctive relief.
    (6) If a court finds that a complaint for injunctive relief is frivolous under subsection (5), the
 court, in addition to dismissing the complaint, may award costs and attorney fees to the
 defendant and may issue any appropriate sanctions permitted under the Michigan court rules
 or the court's inherent authority against the plaintiff and the plaintiff's attorney.
    (7) A plaintiff seeking permanent injunctive relief under subsection (4) must prove by clear
 and convincing evidence that the defendant against whom the injunction is sought knew the
 media at issue falsely represents the depicted individual.
    (8) If a plaintiff, other than the attorney general, is awarded permanent injunctive relief
 under this section, the court may award costs and attorney fees to the plaintiff.
    (9) A plaintiff shall not seek preliminary injunctive relief in an action described in
 subsection (4).
    (10) As used in this section:
    (a) "Depicted individual" means an individual who is falsely represented in a materially
 deceptive media.


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    (b) "Election" includes, but is not limited to, a federal, statewide, legislative, judicial,
 county, or local election or primary election.
    (c) "Materially deceptive media" means any image, audio, or video that meets all of the
 following requirements:
    (i) Falsely depicts an individual engaging in speech or conduct in which the depicted
 individual did not in fact engage.
    (ii) A reasonable viewer or listener would incorrectly believe that the depicted individual
 engaged in the speech or conduct depicted.
    (iii) Was produced by artificial intelligence as that term is defined in section 2 of the
 Michigan campaign finance act, 1976 PA 388, MCL 169.202.