MT SB25: Revise election laws regarding disclosure requirements for the use of AI in elections

In one paragraph

Montana bars people and groups working in an official election capacity from paying for or sponsoring an election or electioneering communication they know, or should know, is a deepfake of a candidate or party on the ballot, within 60 days before voting begins, unless it carries the disclosure 'This (image/audio/video/multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful.' Aggrieved candidates can sue; repeat violations become crimes. News coverage, satire, paid broadcasters and online platforms are exempt. Effective October 1, 2025.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Campaigns, PACs and political consultants running Montana election ads with AI-altered candidate content must add the statutory disclosure or risk suits and penalties.

Key provisions

1. 1Deepfake: AI-generated or synthetic media of a candidate or party, made to injure reputation or deceive voters, that shows something that didn't happen or gives a fundamentally different impression
2. 2Prohibition applies within 60 days of the start of voting to anyone working in an official election capacity who pays for or sponsors the communication
3. 3Disclosure formats: bold 12-point print; at least 4% of picture height for video; readable without user action online; at least 8 seconds for audio
4. 4Exempt: news coverage that acknowledges possible AI content; broadcasters, websites and producers paid to air a deepfake or required by federal law to air candidate ads; satire or parody; distribution platforms that pass the disclaimer rules to ad buyers; and Section 230 interactive computer services
5. 5Candidates or their parties may sue for expedited injunctions, attorney fees, actual damages and up to $10,000 in punitive damages; violations must be proved by clear and convincing evidence
6. 6Complaints go to the Commissioner of Political Practices: civil penalties first, then misdemeanor (up to $500 and 6 months) and felony (up to $5,000 and 2 years) prosecution for second and third findings

Latest legislative action

May 8, 2025. Signed by Governor; chapter number assigned

Sponsors

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