Bill
S 44
Prohibits distributing materially deceptive election communications (including AI-generated deepfakes) within 90 days before an election and lets victims sue or seek injunctions.
Note on source materials
- The materials you provided appear to mix multiple, conflicting items (a line about redesigning a state flag, a short federal-style directive about placing a Benjamin Franklin statue in the U.S. Capitol, and the complete Massachusetts bill text). This summary focuses on the primary bill text included titled “An Act to protect against election misinformation,” which amends Chapter 56 of the Massachusetts General Laws by adding Section 42A (Election Misinformation).
Summary: An Act to protect against election misinformation (S.44 — Massachusetts, introduced Jan 9, 2025)
Purpose
- To prohibit distribution of materially deceptive election‑related communications (including deepfakes/synthetic media) intended to mislead voters about key election information, and to create civil remedies for persons whose voice or likeness appears in such communications.
Key definitions (selected)
- Artificial intelligence / generative artificial intelligence: computer methods (e.g., machine learning) that generate text, audio, image, or video.
- Synthetic media: audio or video substantially produced by generative AI.
- Materially deceptive election‑related communication: verifiably false information regarding any of these topics:
- date, time, or place of an election;
- voter registration requirements, methods, or deadlines;
- voting requirements, methods, or deadlines;
- any certification related to an election; or
- an express endorsement of a candidate or ballot initiative by a party, elected official, nonprofit, or other person.
Prohibitions
- Within 90 days before an election in which a candidate appears on the ballot, no person or entity (including candidates, campaign committees, PACs, political parties) may, with actual malice and intent to mislead voters, distribute materially deceptive election‑related communications.
Civil remedies and enforcement
- Injunctive/equitable relief: A person whose voice or likeness appears in such a communication — or the Massachusetts Attorney General — may seek injunctive or other equitable relief to stop distribution.
- Damages: A person whose voice or likeness appears may sue for general or special damages against the distributor; courts may award reasonable attorneys’ fees and costs to the prevailing party.
- Burden of proof: Plaintiff must prove the violation by clear and convincing evidence.
- No criminal penalties are specified in the text provided; enforcement is civil.
Exceptions and limits
- Preserves immunity of interactive service providers under federal law (47 U.S.C. §230).
- Exempts bona fide news broadcasts (including interviews, documentaries, “on-the-spot” coverage) provided the broadcaster clearly discloses manipulation or authenticity concerns.
- Exempts paid broadcasts by radio/television broadcasters (text states the section “shall not apply” when paid to broadcast the deceptive communication).
- Exempts regular newspapers, magazines, or websites of general circulation that publish such content if they clearly state manipulation/questions about authenticity.
- Exempts satire or parody.
Who is affected
- Potentially affected parties include: candidates, campaign committees, PACs, political parties, media outlets, independent actors, and anyone who creates/distributes synthetic or AI‑generated election content within the covered timeframe.
- Persons whose voice or likeness is used in deceptive election content gain standing to seek relief.
Legislative status & timeline (from provided actions)
- Introduced in the Massachusetts Senate: Jan 9, 2025.
- Read twice and referred to the Committee on Rules and Administration; also referred to Advanced Information Technology, the Internet and Cybersecurity; Investigations and Government Operations (records show multiple referrals).
- Hearing activity: hearing rescheduled to Sept 11, 2025 (virtual option updated); an accompanying draft noted as S2631 (Oct 16, 2025).
- The record indicates “House concurred” and other actions — readers should consult the official Massachusetts legislative website for the current status and any amendments.
Potential impacts and considerations
- Aims to reduce voter confusion and harms from AI/synthetic deepfakes close to an election.
- Balances free flow of information with civil remedies, but includes notable media and publisher exceptions and preserves §230 immunity — these carve‑outs and the “actual malice” and “clear and convincing evidence” standards will shape enforcement and litigation risks.
- Broad definitions of “materially deceptive” and inclusion of generative AI language target modern synthetic-media threats but may raise questions about application to political speech, paid advertising, and automated content distribution.
For authoritative text and final status
- Consult the official Massachusetts General Court website for bill S.44 (2025‑2026 session) to view amendments, committee reports, and any enacted version.
Compiled from official sources — confirm details with the bill’s official record.
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