N.Y. Election Law § 14-106: Political communication

§ 14-106. Political communication. 1. The statements required to be

filed under the provisions of this article next succeeding a primary,

general or special election shall be accompanied by a copy of all

broadcast, cable or satellite schedules and scripts, paid internet or

digital, print and other types of advertisements, pamphlets, circulars,

flyers, brochures, letterheads and other printed matter purchased or

produced, and reproductions of statements or information published to

five hundred or more members of a general public audience by computer or

other electronic device including but not limited to electronic mail or

text message, purchased in connection with such election by or under the

authority of the person filing the statement or the committee or the

person on whose behalf it is filed, as the case may be. Such copies,

schedules and scripts shall be preserved by the officer with whom or the

board with which it is required to be filed for a period of one year

from the date of filing thereof.

2. All political committees that make an expenditure for a political

communication shall be required to disclose the identity of the

political committee which made the expenditure for such political

communication. The disclosure on printed or digital political

communications, including but not limited to brochures, flyers, posters,

mailings, public-facing websites, or internet advertising shall be

printed or typed in an appropriate legible form to read as follows:

"Paid for by:" followed by the name of the political committee making

the expenditure. The disclosure on non-printed or digital political

communications shall clearly and prominently display and/or speak the

following statement: "Paid for by:" followed by the name of the

political committee making the expenditure. In the case of a political

communication that is not visual, such as radio or automated telephone

calls, clearly speaking the statement will satisfy the requirements of

this section. In the case of a public-facing website paid for, hosted,

and/or operated by a political committee, the disclosure shall be

clearly displayed within each navigable webpage of such website.

3. Political communications that are considered promotional items

which support a particular candidate, election, ballot measure or issue

and limit the content of communication to the name, office and brief

message of support, shall be exempt from the provisions of subdivision

two of this section. Promotional items shall be items that are of

nominal value and are distributed to the general public in an effort to

promote a particular candidate, election, ballot measure or issue

including but not limited to pens, bumper stickers, yard signs, buttons,

shirts, bags or balloons.

4. Political communication that is considered digital media which

advertises for a particular candidate, election, ballot measure or issue

which limits the content of communication to the name, office and brief

message shall not be subject to the provisions of subdivision two of

this section if such digital media is unable to contain the "paid for

by" statement due to its small size and contains a link to another

webpage where the "paid for by" statement is prominently displayed.

5. (a) For purposes of this subdivision:

(i) "Materially deceptive media" means any image, video, audio, text,

or any technological representation of speech or conduct fully or

partially created or modified that:

(1) exhibits a high level of authenticity or convincing appearance

that is visually or audibly indistinguishable from reality to a

reasonable person;

(2) depicts a scenario that did not actually occur or that has been

altered in a significant way from how they actually occurred; and

(3) is created by or with software, machine learning, artificial

intelligence, or any other computer-generated or technological means,

including adapting, modifying, manipulating, or altering a realistic

depiction.

(ii) "Information content provider" means any person or entity that is

responsible, in whole or in part, for the creation or development of

information provided through the Internet or any other interactive

computer service.

(b) (i) A person, firm, association, corporation, campaign, committee,

or organization that distributes or publishes any political

communication that was produced by or includes materially deceptive

media and has actual knowledge that it is materially deceptive shall be

required to disclose this use.

(ii) (1) For visual media the disclosure shall be printed or typed in

a legible font size easily readable by the average viewer that is no

smaller than other text appearing in the visual media and in the same

language used on the communication to read as follows: "This (image,

video, or audio) has been manipulated".

(2) For communication that is auditory, such as radio or automated

telephone calls, clearly speaking the statement at the beginning of the

audio, at the end of the audio, and, if the audio is greater than two

minutes in length, interspersed within the audio at intervals of not

greater than two minutes each and in the same language as the rest of

the audio used in the communication, and in a pitch that can be easily

heard by the average listener satisfies the requirements of clause one

of this subparagraph.

(iii) This paragraph shall not apply to the following:

(1) materially deceptive media that constitutes satire or parody;

(2) materially deceptive media distributed by a bona fide news

reporting entity for the purpose of news reporting or coverage, if the

reporting clearly acknowledges through content or a disclosure, in a

manner that can be easily read or heard by the average listener or

viewer, that there are questions about the authenticity of the

materially deceptive media;

(3) a radio or television broadcasting station, including a cable

television, satellite television or streaming service operator,

programmer, producer or other similar entity, that broadcasts a

political communication when the station or streaming service is paid to

broadcast the political communication if the station or streaming

service can show that it has disclaimer requirements that are consistent

with the requirements provided in this paragraph and that it provided

those disclaimer requirements to each person or entity that purchased

the broadcast or streaming of the advertisement; or

(4) initial dissemination by a platform or service including, but not

limited to, a website, regularly published newspaper, or magazine, where

the content disseminated is materially deceptive media provided by

another information content provider.

(iv) A candidate whose voice or likeness appears in materially

deceptive media in violation of this subdivision may seek reasonable

court costs and attorneys' fees and injunctive relief prohibiting the

distribution, publication or broadcasting of any materially deceptive

media in violation of this subdivision against such individual or entity

who disseminated or published such media without the consent of the

person depicted and who knew or should have known that it was materially

deceptive. An action under this paragraph shall be initiated by filing

an application for an order to show cause in the supreme court where the

materially deceptive media at issue could deceive and influence electors

in an upcoming election. Such action shall be entitled to an automatic

calendar preference and be subject to expedited pretrial and trial

proceedings.

(v) In any action alleging a violation of this subdivision in which a

plaintiff seeks preliminary relief with respect to an upcoming election,

the court shall grant relief if it determines that:

(A) plaintiffs are more likely than not to succeed on the merits; and

(B) it is possible to implement an appropriate remedy that would

resolve the alleged violation in the upcoming election.

(vi) In any action commenced under this subdivision, the plaintiff

bears the burden of establishing the use of materially deceptive media

by clear and convincing evidence.

6. Nothing in this section shall be construed to limit, or to enlarge,

the protections that 47 U.S.C. § 230 confers on an interactive computer

service for content provided by another information content provider, as

such terms are defined in 47 U.S.C. § 230.

7. Nothing in this section shall be construed to require entities to

cancel, edit, or insert video or audio labels into political

communications where such action is inconsistent with federal law.