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Elections: offenses; penalties for distributing materially deceptive media; provide for, and provide procedure for enjoining materially deceptive media.
In one paragraph
Michigan's Public Act 265 of 2023 adds section 932f to the election law. Within 90 days before an election, a person may not distribute, or agree to distribute, materially deceptive media (an image, audio or video produced by artificial intelligence that falsely shows a person saying or doing something they did not) knowing it is false and intending to harm a candidate or deceive voters, unless it carries a disclaimer that it was manipulated by technical means. The attorney general, the person depicted, a harmed candidate or a voter group can sue for an injunction. Effective February 13, 2024.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Campaigns, consultants, media buyers and anyone else distributing AI-generated depictions of candidates in Michigan within 90 days of an election must add the statutory manipulation disclaimer.
Key provisions
- MCL 168.932f: no distribution of materially deceptive media within 90 days before an election, when the person knows it falsely represents the individual depicted and intends to harm a candidate's reputation or electoral prospects or change voting behavior by deception
- Materially deceptive media: an image, audio or video produced by artificial intelligence (as defined in the Michigan Campaign Finance Act) that falsely depicts an individual engaging in speech or conduct they did not engage in, in a way a reasonable person would believe
- Exception when the media carries a disclaimer that it 'has been manipulated by technical means and depicts speech or conduct that did not occur', with size, placement and duration rules for video, audio and images; edited media must also cite the original source
- First violation: misdemeanor, up to 90 days and/or $500; a repeat violation within 5 years is a felony, up to 5 years and/or $1,000
- Permanent injunction actions by the attorney general, the depicted individual, an injured candidate or an organization representing likely-deceived voters; clear and convincing evidence required, no preliminary injunctions
- Tie-barred to HB 5143 (Public Act 264 of 2023), which defines artificial intelligence
Latest legislative action
Nov 30, 2023. Approved by the Governor 11/30/2023; filed with Secretary of State 12/01/2023; assigned PA 265'23
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This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error