- Citation
- MCL 168.932f
- Enacted
- November 30, 2023
- Effective
- February 13, 2024
- When it applies
- within 90 days before an election (federal, statewide, legislative, judicial, county, local, or primary)
- Media covered
- any image, audio, or video produced by artificial intelligence (as defined in MCL 169.202) that falsely depicts an individual engaging in speech or conduct they did not engage in, where a reasonable viewer or listener would believe it was real
- Who it covers
- any person who distributes, or agrees with another person to distribute, the media
- Rule
- ban unless disclosed
- Intent required
- All must apply: the person knows the media falsely represents the depicted individual; intends to harm the reputation or electoral prospects of a candidate and the distribution is reasonably likely to do so; and intends to change voters' behavior by deceiving them into believing the depicted individual actually said or did it, and the distribution is reasonably likely to do so.
- Disclaimer format
- The quoted wording is sufficient but not required; any disclaimer saying the media was manipulated by technical means and depicts speech or conduct that did not occur works. Video: shown throughout the entire video, clearly visible and readable, in letters at least as large as the majority of other text (or easily readable if no other text), same language as the video. Audio only: read at the beginning and end, clearly spoken, at an easily heard pitch, same language. Image: clearly visible and readable, letters at least as large as the majority of other text, same language. If the media was made by editing an existing image, audio, or video, it must also include a citation directing the audience to the original unedited source.
- Exemptions
- media carrying a compliant disclaimer (and source citation if edited from existing media)
- Criminal penalty
- First violation: misdemeanor, up to 90 days and/or $500. Violation within 5 years of a prior conviction: felony, up to 5 years and/or $1,000.
- Civil penalty
- A non-AG plaintiff awarded a permanent injunction may recover costs and attorney fees. Frivolous complaints can be dismissed with fees and sanctions against the plaintiff.
- Who can sue
- Permanent injunction only: the Attorney General, the depicted individual, a candidate injured or likely to be injured, or an organization representing voters likely to be deceived may sue in circuit court. Plaintiff must prove by clear and convincing evidence that the defendant knew the media was false. Preliminary injunctions are not allowed.
- Injunction available
- Yes
- Court challenges
- No court challenge found.
- Notes
- No express satire, parody, news, or broadcaster exemptions in 168.932f; the intent elements do the narrowing. Preliminary injunctions are barred (subsection 9). HB 5145 (2023) added the felony to the sentencing guidelines. HB 5144 was signed November 30, 2023 (PA 265 of 2023) and took effect February 13, 2024 (official history: Add. 2023, Act 265, Eff. Feb. 13, 2024).