PRINTER'S NO. 1650
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1217
Session of
2024
INTRODUCED BY PENNYCUICK, DILLON, GEBHARD, KANE, ROTHMAN,
TARTAGLIONE, KEARNEY, COMITTA, HAYWOOD, J. WARD, COSTA,
BROWN, CULVER AND MILLER, MAY 29, 2024
REFERRED TO STATE GOVERNMENT, MAY 29, 2024
AN ACT
Providing for civil liability for fraudulent misrepresentation
of candidates; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Fraudulent
Misrepresentation of a Candidate Prevention Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Artificial intelligence." Any of the following:
(1) An artificial system that performs tasks under
varying and unpredictable circumstances without significant
human oversight or that can learn from experience and improve
performance when exposed to data sets.
(2) An artificial system developed in computer software,
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physical hardware or other context that solves tasks
requiring human-like perception, cognition, planning,
learning, communication or physical action.
(3) An artificial system designed to think or act like a
human, including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning,
that is designed to approximate a cognitive task.
(5) An artificial system designed to act rationally,
including an intelligent software agent or embodied robot
that achieves goals using perception, planning, reasoning,
learning, communicating, decision making and acting.
"Artificially generated impersonation." A form of media,
including text, image, video or sound:
(1) the production of which is wholly dependent upon the
use of artificial intelligence; and
(2) that appears to establish, resemble or represent an
individual in a way that did not occur in reality.
"Campaign advertisement." A public advertisement for the
purposes of influencing public opinion with respect to
legislative, administrative or electoral matters utilizing a
medium that includes mailings, emails, telephone calls, radio,
television, billboards, yard signs or other electronic media.
"Candidate." As defined in section 102(a) of the
Pennsylvania Election Code.
"Disseminate." To produce, publish, distribute, broadcast,
publicize, display, transmit or otherwise publicly share.
"Election." As defined in section 102(f) of the Pennsylvania
Election Code.
"Pennsylvania Election Code." The act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code.
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"Public office." As defined in section 102(s) of the
Pennsylvania Election Code.
Section 3. Civil liability for fraudulent misrepresentation of
candidates.
(a) Liability.--A person shall be liable for fraudulent
misrepresentation of a candidate if, within 90 days before an
election and with willful or reckless disregard for the
possibility of influencing the outcome of an election, the
person disseminates or causes to be disseminated a campaign
advertisement that contains an artificially generated
impersonation of a current or former candidate for public office
with the intent to misrepresent the words, actions or beliefs of
the current or former candidate.
(b) Relief.--A current or former candidate for public office
aggrieved by a person under subsection (a) may bring a civil
action against the person in a court of competent jurisdiction
and shall be entitled to recover punitive damages, reasonable
attorney fees and other reasonably related litigation costs
incurred relating to the civil action. Upon a showing of cause
for the issuance of injunctive relief, a court may issue a
temporary restraining order, preliminary injunction or permanent
injunction as the court deems appropriate. During any period
that a civil action under this subsection is pending, a court
may order the cessation of the activity forming the basis of the
complaint.
(c) Civil penalties.--
(1) In addition to any other judgment or relief awarded
under subsection (b) to an aggrieved current or former
candidate for public office, a court may, for each campaign
advertisement containing a unique artificially generated
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impersonation, impose a civil penalty on the person for each
day the fraudulent misrepresentation is disseminated in an
amount not exceeding:
(i) An amount of $15,000 when the individual
impersonated is a current or former candidate for a
municipal public office in this Commonwealth.
(ii) An amount of $50,000 when the individual
impersonated is a current or former candidate for a State
public office in this Commonwealth.
(iii) An amount of $250,000 when the individual
impersonated is a current or former candidate for
President of the United States, presidential elector, the
United States Senate or the United States House of
Representatives.
(2) For a person that is a political action committee
that only receives contributions to make independent
expenditures, the court may impose twice the amounts
specified under paragraph (1) on the person.
(d) Defense.--It shall be a defense to a civil action
brought under this section that the person disseminated the
campaign advertisement with the consent of the individual
impersonated if the person who disseminated the campaign
advertisement can establish that the individual impersonated has
given the individual's express, written consent.
(e) Location.--A person may be found liable in a civil
action brought under this section if the person or candidate is
located within this Commonwealth.
(f) Construction.--Nothing in this section shall be
construed to apply to any of the following:
(1) A law enforcement officer engaged in the performance
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of the law enforcement officer's official duties.
(2) A radio or television broadcasting station,
including a cable or satellite television operator,
programmer or producer, that disseminates a campaign
advertisement as part of a bona fide newscast, news
interview, news documentary or on-the-spot coverage of bona
fide news events if the radio or television broadcasting
station clearly acknowledges through content or a disclosure
statement, in a manner that can be easily heard or read by
the average listener or viewer, that there are questions
about the authenticity of the campaign advertisement.
(3) A publicly accessible Internet website or a
regularly published newspaper, magazine or other periodical
of general circulation, including an Internet or electronic
publication, which routinely carries news and commentary of
general interest and that disseminates a campaign
advertisement as part of coverage of bona fide news events if
the publicly accessible Internet website, regularly published
newspaper, magazine or other periodical of general
circulation clearly acknowledges through content or a
disclosure statement, in a manner that can be easily heard or
read by the average listener or viewer, that there are
questions about the authenticity of the campaign
advertisement.
(4) A radio or television broadcasting station,
including a cable or satellite television operator,
programmer or producer, when the radio or television
broadcasting station is paid to disseminate a campaign
advertisement with the consent of the individual impersonated
as specified under subsection (d).
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(g) Definitions.--As used in this section, the term "person"
means any of the following:
(1) A firm, partnership, corporation, limited liability
company, association, organization or similar entity.
(2) A political committee, including a political action
committee, a political party or a member of a political
committee or political party.
(3) A political action committee that only receives
contributions to make independent expenditures.
(4) An individual employed by an entity specified under
paragraph (1), (2) or (3).
Section 4. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 5. Effective date.
This act shall take effect in 60 days.
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