By Bob Katzen
The House 154-3, approved and sent to the Senate a bill that would prohibit the distribution of deceptive communications within 90 days of an election, including audio or visual media which depicts a candidate with intent to injure their reputation or deceive a voter into voting for or against them. It also bans content with the intent to mislead voters of the date and time of an election; the requirements, methods or deadlines to vote.
Exemptions to the 90-day prohibition include media outlets which air the ads or report on the ads as part of a newscast as long as they clearly acknowledge that there are questions about its authenticity; websites, newspapers, magazines and periodicals; and satire and parody.
The bill allows a political candidate whose voice or likeness appears in a materially deceptive audio or visual media to seek injunctive or other equitable relief prohibiting the distribution of the media, or to bring an action for damages against the party that distributed the media.
“As artificial intelligence continues to reshape our economy and many aspects of our daily lives, lawmakers have a responsibility to ensure that AI does not further the spread of misinformation in our politics,” said House Speaker Ron Mariano (D-Quincy).
“With the rapid advancement in new media technologies, it is important that we have proper safeguards in place to ensure this technology is not abused or manipulated to intentionally mislead voters,” said House Minority Leader Brad Jones (R-North Reading).
“I believe the law takes too broad of an approach,” said Rep. John Gaskey (R-Carver), one of only three House members who voted against the bill. “The wording is vague and can be easily used to keep grassroots organizations and campaigns from getting any traction through fines and additional court action, not to mention the chilling effect on our First Amendment rights. Ninety days before an election ultimately results in enforcement of AI use for almost 6 months straight between the primary and the general. This is the establishment afraid of the truth getting traction.”
Reps. Nick Boldyga (R-Southwick) and Marc Lomardo (R-Billerica), the two other representatives who voted against the measure, did not respond to repeated requests by Beacon Hill Roll Call asking them why they voted against the bill.
(A “Yes” vote is for the bill. A “No” vote is against it.)
Rep. Christine Barber Yes Rep. Mike Connolly Yes Rep. Paul Donato Yes Rep. Erika Uyterhoeven Yes