- Citation
- Miss. Code Ann. 97-13-47
- Enacted
- April 30, 2024
- Effective
- July 1, 2024
- When it applies
- within 90 days of an election
- Media covered
- images and audio altered in a realistic manner (deepfakes) or created with software, machine learning, AI, or other computer means, that a reasonable person would believe shows real speech or conduct, where production depended substantially on technical means rather than human impersonation; disseminated by social media, email, messaging, video sharing, or any other physical or electronic method
- Who it covers
- any person who disseminates a digitization or enters into a contract or agreement to disseminate one
- Rule
- ban unless disclosed
- Intent required
- Person knows or has actual knowledge the item is a digitization; disseminated without the depicted individual's consent; and with intent to injure the candidate, influence the results of an election, or deter any person from voting.
- Disclaimer format
- Defense to prosecution: clear and prominent language displayed throughout the digitization informing the viewer that the depicted individual did not engage in the depicted speech or conduct. No fixed wording. The statute does not spell out how an audio-only piece satisfies the 'displayed' language.
- Exemptions
- interactive computer services (47 U.S.C. 230(f)) and information or communications services (47 U.S.C. 153)
- radio and TV stations, cable and satellite operators, programmers, and producers airing it in a bona fide newscast, news interview, documentary, or coverage of a bona fide news event
- stations and online platforms paid to broadcast it
- websites, newspapers, magazines, and periodicals that routinely carry news and commentary, if the publication clearly states the communication does not accurately represent the candidate or ballot issue
- satire or parody
- dissemination or receipt to detect, prevent, investigate, report, or prosecute security incidents, fraud, harassment, or other illegal activity
- Criminal penalty
- Up to 5 years and/or $10,000 if done with intent to incite or cause violence, cause bodily harm, or deter any person from voting, or if previously convicted under this section within 5 years. Otherwise up to 1 year and/or $5,000.
- Who can sue
- Injunctive relief against anyone about to violate or violating the law may be sought by the Attorney General; a district attorney (if the depicted person lives in the district or the district is affected); the depicted individual; an injured candidate; or a political party whose nominee is on the ballot and is injured. The court may order the digitization removed from social media, email, messaging, video services, and other channels.
- Injunction available
- Yes
- Court challenges
- No court challenge found.
- Notes
- Applies to any depicted individual, not just candidates, and expressly covers audio, so an AI voice clone in a robocall or voicemail is covered. Deterring voting is an aggravating factor. Signed April 30, 2024 per the official bill history (Laws 2024, ch. 467, sec. 1, effective July 1, 2024); codified at Miss. Code Ann. 97-13-47 per the 2025 Mississippi Code on Justia.