Bill
HB 5144
Prohibits distributing materially deceptive AI‑generated media within 90 days of an election to mislead voters, with penalties, civil remedies, and required warnings.
Status: Reported from committee; (bill text added as MCL 168.932f). Note: HB 5145 is tie‑barred to HB 5144; HB 5143 provides the AI definition linked by enactment language.
To limit the distribution of AI‑generated or technically manipulated images, audio, or video (“materially deceptive media”) intended to deceive voters or harm a candidate during an election period, by (1) creating a targeted prohibition, (2) prescribing criminal penalties, and (3) providing a civil injunctive remedy.
A person may not distribute, or agree to distribute, materially deceptive media if all of the following are met:
- the person knows the media falsely represents the depicted individual;
- the distribution occurs within 90 days before an election;
- the person intends to harm a candidate’s reputation or electoral prospects and the distribution is reasonably likely to cause that result; and/or
- the person intends to change voting behavior by deceiving voters and the distribution is reasonably likely to cause that result.
The prohibition does not apply if the media includes a specified disclaimer informing viewers the media was manipulated. A model sufficient disclaimer:
"This ___________ (image, audio, or video) has been manipulated by technical means and depicts speech or conduct that did not occur."
Requirements vary by medium:
- Video: disclaimer must appear for the entirety of the video, be clearly visible/readable, be in letters at least as large as most other text (or otherwise easily readable), and in the same language as the video.
- Audio‑only: disclaimer must be spoken at the beginning and end, clearly and audibly, in same language.
- Image: disclaimer must be clearly visible/readable; if other text exists, be at least as large as most other text.
- If the media is generated by editing an existing source, it must include a citation pointing to the original unedited source.
Who may sue:
- Attorney General;
- A depicted individual;
- A candidate who has been or is likely to be injured; or
- An organization representing the interests of voters likely to be deceived.
Jurisdiction: circuit court for the county where a party resides or where the media could deceive/influence electors (also Ingham County referenced in some versions).
Procedures and limits:
- Only permanent injunctive relief is available; preliminary injunctions are prohibited.
- Upon filing, the court must screen complaints for frivolousness; frivolous suits may be dismissed and subject the plaintiff (and attorney) to sanctions and fee awards.
- Plaintiff must prove by clear and convincing evidence that the defendant knew the media falsely represented the depicted individual.
- If a non‑AG plaintiff prevails, the court may award costs and attorney fees.
Nonpartisan analyses note an indeterminate but potentially negative fiscal impact: increased criminal enforcement, court caseloads, probation and imprisonment costs (examples cited: ~$4,800/year per felony probationer; ~$45,700/year per incarcerated person), and administrative burdens. Fine revenue is constitutionally dedicated to county libraries.
Compiled from official sources — confirm details with the bill’s official record.
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