LANSING, Mich – House Bill No. 5144 proposes an amendment to Michigan election law by introducing Section 932f. The bill prohibits the distribution of materially deceptive media within 90 days before an election, intending to harm a candidate’s reputation or electoral prospects or to change voters’ behavior by deceiving them about a depicted individual’s speech, conduct, or appearance.
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Violation of this provision is punishable, with a misdemeanor for the first offense and a felony for subsequent violations within 5 years.
However, the bill provides exceptions if the deceptive media includes a disclaimer indicating manipulation and if specific requirements for the disclaimer’s visibility and presentation are met for images, audio, and videos. The attorney general, depicted individuals, or affected candidates can seek injunctive relief against violators in specified courts. Frivolous complaints may result in the dismissal of the complaint and possible sanctions. To obtain injunctive relief, a plaintiff must prove, by clear and convincing evidence, that the defendant knowingly engaged in distributing deceptive media.
The bill defines key terms, such as “depicted individual,” “election,” and “materially deceptive media,” to clarify the scope of the legislation. Notably, the court is prohibited from issuing a preliminary injunction under this section.
