AI Frontier Institute

To protect against election misinformation

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Senate No. 2631 has not been enacted. The Advanced Information Technology, the Internet and Cybersecurity committee reported it favorably on 2025-10-16, and it was referred to Senate Ways and Means. If enacted, it would add Section 42A, "Election Misinformation," to Chapter 56 of the General Laws. Within 90 days of an election where a candidate will be on the ballot, section 42A(b) would bar any person, candidate, campaign committee, PAC, political issues committee, political party or other entity from distributing a "materially deceptive election-related communication" with actual malice and intent to mislead voters. The communication must contain verifiably false information about the date, time or place of an election; voter registration or voting requirements, methods or deadlines; election certifications; or the express endorsement of a candidate or ballot initiative. The definitions in 42A(a) cover communications in any media, including synthetic media, which means audio or video content substantially produced by generative AI. Under 42A(c), a person whose voice or likeness appears in a violating communication, or the attorney general, may seek injunctive or other equitable relief. The depicted person may also sue for general or special damages, and a court may award a prevailing party reasonable attorney's fees and costs. Plaintiffs must prove a violation by clear and convincing evidence. Under 42A(d), the section would not alter interactive service providers' rights or immunities under 47 U.S.C. section 230. It also would not apply to the following: (1) bona fide news broadcasts, if the broadcast clearly acknowledges that the content is manipulated or of questionable authenticity; (2) broadcasters paid to air the communication; (3) websites and periodicals of general circulation that clearly state the communication is manipulated or questionable; and (4) satire or parody.

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