Governance

Civil Action

Legal action by a candidate depicted in undisclosed fabricated media to seek damages, injunctive relief, and costs.

How the laws define this

Both statutory sources agree that a civil action is a legal proceeding allowing an election candidate depicted in non-compliant fabricated media to seek remedies such as injunctive relief and monetary or actual damages. They diverge, however, regarding who may initiate the lawsuit, who can be sued, and which specific remedies are detailed. Under Indiana House Enrolled Act 1133 - Use of Digitally Altered Media in Elections, the action is framed specifically around a depicted candidate suing over media missing a required disclaimer, explicitly listing recoverable items as actual damages, injunctive relief, court costs, and reasonable attorney's fees. In contrast, Use of Digitally Altered Media in Elections (Indiana Public Law 81) broadly describes the proceeding as one that can be initiated by an individual or entity—such as an election candidate—seeking redress under Public Law 81, while explicitly noting that the lawsuit can target those responsible for creating or disseminating the non-compliant media.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

What it triggers

In Indiana, under Indiana House Enrolled Act 1133, a candidate depicted in fabricated media without the required disclaimer can initiate a legal proceeding to recover actual damages, injunctive relief, court costs, and reasonable attorney's fees.source
Under Indiana Public Law 81, a candidate depicted in non-compliant fabricated media can sue creators or disseminators for injunctive relief or monetary damages.source

Definitions (2)

A legal proceeding that can be initiated by a candidate depicted in fabricated media without the required disclaimer. This action allows for the recovery of actual damages, injunctive relief, court costs, and reasonable attorney's fees.

Indiana House Enrolled Act 1133 - Use of Digitally Altered Media in ElectionsDefinition 1 of 2

A legal proceeding initiated by an individual or entity, such as an election candidate, to seek redress for a violation of their rights under Public Law 81. In this context, it allows a candidate depicted in non-compliant fabricated media to sue those responsible for its creation or dissemination to obtain remedies like injunctive relief or monetary damages.

Use of Digitally Altered Media in Elections (Indiana Public Law 81)Definition 2 of 2

Not to be confused with

Private Cause of Action

A private cause of action is the general legal right to sue for a statutory violation, while civil action here refers to the specific proceeding available to candidates under these Indiana laws.

Right of Action

Right of action is the broad legal entitlement to initiate a lawsuit, whereas civil action describes the particular lawsuit for remedies against non-compliant media in this context.

Questions and answers

What remedies are available in a civil action for undisclosed fabricated media?

Definition 1 provides for actual damages, injunctive relief, court costs, and reasonable attorney's fees. Definition 2 mentions injunctive relief or monetary damages.

What triggers a civil action under these Indiana acts?

Definition 1 is triggered by fabricated media lacking the required disclaimer. Definition 2 applies to violations of Public Law 81 involving non-compliant fabricated media.