Deepfakes in Federal Elections Prohibition Act

Deepfakes in Federal Elections Prohibition Act

This bill prohibits the distribution of certain deceptive audio or visual media (i.e., deepfakes) within 60 days of a federal election and establishes criminal penalties for related violations.

The bill generally prohibits individuals, political committees, and other entities from distributing with actual malice any materially deceptive audio or visual media of a candidate within 60 days of a federal election with the intent to (1) injure the candidate's reputation, or (2) deceive a voter into voting for or against the candidate.

Such prohibition does not apply to (1) audio or visual media containing certain disclosures (e.g., verbal or written statements); or (2) certain entities, such as radio or television broadcasting stations that broadcast such media with disclosures as part of a bona fide newscast.

Additionally, the bill establishes a new criminal offense related to the distribution of materially deceptive audio or visual media prior to a federal election. A violator is subject to a fine, up to 5 years in prison, or both.

It also permits a candidate whose voice or likeness appears in such deceptive audio or visual media to bring a civil action for damages.