{"data":{"id":"us-ky/krs-117.322","jurisdiction":"us-ky","citation":"KRS 117.322","heading":"Action against use of synthetic media in electioneering communication --","body":"Remedies -- Penalties -- Defense -- Exceptions.\n(1) (a) Any candidate for any elected office whose appearance, action, or speech is\naltered through the use of synthetic media in an electioneering communication\nmay seek injunctive or other equitable relief against the sponsor of the\nelectioneering communication requiring that the communication includes a\ndisclosure that is clear and conspicuous and included in, or alongs ide and\nassociated with, the content in a manner that is likely to be noticed by the\nuser.\n(b) The court may award a prevailing party reasonable attorney's fees and costs.\nThis paragraph does not limit or preclude a plaintiff from securing or\nrecovering any other available remedy.\n(2) In any action brought under subsection (1) of this section:\n(a) The plaintiff shall:\n1. File in Circuit Court of the county in which he or she resides; and\n2. Bear the burden of establishing the use of synthetic media by clear  and\nconvincing evidence; and\n(b) The following shall not be liable except as provided in subsection (3) of this\nsection:\n1. The medium disseminating the electioneering communication; and\n2. An advertising sales representative of such medium.\n(3) Failure to comply with an order of the court to include the required disclosure\nherein shall be subject to the penalties set forth in KRS 121.990(3) for violation of\nKRS 121.190(1).\n(4) It is an affir mative defense for any action brought under subsection (1) of this\nsection that the electioneering communication containing synthetic media includes\na disclosure that is clear and conspicuous and included in, or alongside and\nassociated with, the content in a manner that is likely to be noticed by the user.\n(5) Except when a licensee, programmer, or operator of a federally licensed\nbroadcasting station transmits an electioneering communication that is subject to 47\nU.S.C. sec. 315, a medium or its advertisi ng sales representative may be held liable\nin a cause of action brought under subsection (1) of this section if:\n(a) The person intentionally removes any disclosure described in subsection (4)\nof this section from the electioneering communication it dissem inates and\ndoes not remove the electioneering communication or replace the disclosure\nwhen notified; or\n(b) Subject to affirmative defenses described in subsection (4) of this section, the\nperson with intent to deceive or mislead changes the content of an\nelectioneering communication in a manner that results in it qualifying as\nsynthetic media.\n(6) (a) A provider or user of an interactive computer service shall not be treated as\nthe publisher or speaker of any information provided by another information\ncontent provider.\n(b) An interactive computer service may be held liable in accordance with\nsubsection (3) of this section.\n(c) An interactive computer service shall be exempt as provided by the\nCommunications Decency Act of 1996, as amended, 47 U.S.C. sec. 230.\n(7) Courts are encouraged to determine matters under this section expediently.","path":["KRS Chapter 117"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57958","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:13Z","sha256":"3dcdc98db2e9382e5ed4f18d25164d6f6111c7b2181bc1f1dab48e4e7fca7936","source_id":"us-ky","stale":false,"prev":"us-ky/krs-117.320","next":"us-ky/krs-117.325"},"notice":"GroundRules: Original legal text. Not legal advice."}