United States - Michigan - Deceptive Media Prohibition (HB 5144)

Overview

Public Act 265 of 2023, originating from House Bill 5144, amends the Michigan Election Law (1954 PA 116, MCL 168.1 to 168.992) by adding Section 932f. This section specifically addresses the distribution of materially deceptive media, commonly referred to as 'deepfakes,' in the context of elections. The act prohibits the distribution of such media within a critical 90-day period before an election if the distributor knows it falsely represents an individual, intends to harm a candidate's electoral prospects or reputation, and aims to deceive voters into altering their voting behavior.

Definitions

• Materially deceptive media: Defined as any image, audio, or video that falsely depicts an individual engaging in speech or conduct in which they did not in fact engage, where a reasonable viewer or listener would incorrectly believe the depicted individual engaged in the speech or conduct, and which was produced by artificial intelligence.
• Depicted individual: Refers to the person whose likeness or voice is falsely represented in the materially deceptive media.
• Election: Includes any primary election.
• Artificial intelligence: The act specifies that 'artificial intelligence' is defined in section 2 of the Michigan Campaign Finance Act, 1976 PA 388, MCL 169.202. (Analysis of related bills indicates this definition covers machine-based systems that make predictions, recommendations, or decisions, influencing environments, and using machine and human inputs to perceive, abstract perceptions into models, and use model inference to formulate options for information or action.)

Governance and Institutional Framework

The enforcement of this act involves both criminal penalties and civil remedies. The circuit court for the county where the materially deceptive media could deceive and influence electors has jurisdiction to hear complaints for injunctive relief.

Key Focus Areas

The core prohibition applies under specific conditions: the person distributing the media knows it falsely represents an individual; the distribution occurs within 90 days before an election; the person intends the distribution to harm a candidate's reputation or electoral prospects and it is reasonably likely to cause that result; and the person intends to change voting behavior by deceiving electors into believing the depicted individual engaged in the speech or conduct, and it is reasonably likely to cause that result.

However, the prohibition does not apply if the materially deceptive media includes a clear and conspicuous disclosure stating that the media has been manipulated or generated by artificial intelligence. For visual media, this disclosure must be easily readable and displayed for the entire duration. For audio media, it must be read clearly in the same language as the rest of the audio.

Implementation Framework

Any candidate or political party committee can file a complaint for injunctive relief in the appropriate circuit court to prevent the distribution of materially deceptive media. Upon filing, the court must review the complaint for frivolousness. If deemed frivolous, the court will suspend the defendant's obligation to respond and order the plaintiff to show cause why the complaint should not be dismissed.

Monitoring and Evaluation

The act does not explicitly detail specific mechanisms for ongoing monitoring and evaluation by a state agency, beyond the judicial process for injunctive relief and the application of criminal penalties.

Penalties, Liability, and Appeals

A person who violates the prohibition on distributing materially deceptive media is guilty of a misdemeanor. In addition to criminal penalties, the act provides for civil injunctive relief, allowing courts to issue orders to prevent the distribution of such media. The court has a mechanism to review complaints for frivolousness, potentially dismissing unsubstantiated claims.

Relationship to Other Instruments

This act is an amendment to the Michigan Election Law (1954 PA 116). It is part of a package of bills (including HB 5141, 5143, and 5145) aimed at regulating artificial intelligence and manipulated media in political campaigns. Specifically, HB 5143 (Public Act 263 of 2023) defines 'artificial intelligence' for purposes of the Michigan Campaign Finance Act, which this act references. HB 5145 (Public Act 266 of 2023) makes complementary changes to the Code of Criminal Procedure.

International Alignment

As a state-level law in the United States, this act does not directly address international alignment. However, similar legislative efforts are being undertaken in other jurisdictions globally to address the impact of AI-generated deceptive content on democratic processes.

Implementation Timeline

Date	Milestone	Status
2023-10-12	Introduced as House Bill 5144	Adopted
2023-11-30	Approved by Governor	Adopted
2023-12-01	Filed with Secretary of State	Adopted
2024-02-13	Effective Date (Public Act 265 of 2023)	In Force

Compliance Checklist

Requirement	Description	Deadline
Prohibition of Deceptive Media Distribution	Do not distribute, or agree to distribute, materially deceptive media.	Within 90 days before an election
Knowledge of False Representation	Ensure that the media does not falsely represent a depicted individual, with the knowledge of such falsity.	Ongoing
Intent to Harm/Deceive Voters	Avoid distributing media with the intent to harm a candidate's reputation/prospects or to deceive voters into changing their voting behavior, where such results are reasonably likely.	Ongoing
Disclosure Requirement (Exception)	If distributing materially deceptive media, include a clear and conspicuous disclosure that it was manipulated or AI-generated, for the entire duration of visual media or audibly for audio media.	Prior to distribution (if relying on the exception)

Sources and References

Source	Type
House Bill 5144 (Public Act 265 of 2023) - Enrolled Bill	Parliament/Legislature
Michigan Compiled Law §168.932f	Legal Database
2023 Michigan Public Acts Table	Official Gazette