AI Frontier Institute

An Act Regarding Artificial Intelligence in Campaign Advertising

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Maine LD 1690 (H.P. 1125), "An Act Regarding Artificial Intelligence in Campaign Advertising," did not pass. It was voted "Ought Not to Pass" (ONTP) in the Committee on Veterans and Legal Affairs and placed in the legislative files as dead on 2025-05-27. Had it passed, it would have added 21-A MRSA §1014, sub-§5-B (Sec. 2). Anyone already required to give a disclosure under §1014 would also have had to disclose when an image, audio or video in a political communication was materially manipulated or altered and contained synthetic media. The disclosure would have had to say: "THIS COMMUNICATION CONTAINS AUDIO, VIDEO AND/OR IMAGES THAT HAVE BEEN MANIPULATED OR ALTERED." The Maine Commission on Governmental Ethics and Election Practices (referred to as "the commission") would have set size and placement criteria by routine technical rule. "Synthetic media" was defined as an image, audio or video of an individual's appearance, speech or conduct created or intentionally manipulated with digital technology or otherwise to create a materially deceptive or fraudulent political communication. A "deceptive or fraudulent political communication" was defined as synthetic media depicting a candidate or political party, with intent to injure reputation or deceive a voter, that appears to show a real person saying or doing something that did not occur or that gives a materially different impression than the original. Exemptions in sub-§5-B, paragraph C covered: bona fide news broadcasts with a disclosure that the media's authenticity is questioned, and broadcasters required by federal law to air candidate ads; broadcasters paid to air synthetic media that made a good-faith effort to check it was not deceptive; news websites and periodicals that state the content does not accurately represent the candidate; and satire or parody. Under paragraph D, the commission could sue in Superior Court for injunctive or equitable relief and could recover costs and reasonable attorney's fees. Sec. 1 amended the enforcement provision in §1014, sub-§4, to allow civil penalties of up to 500% of the expenditure for violations of sub-§5-B. It also excluded sub-§5-B violations from the commission's discretion to waive the penalty when a violation is corrected within 10 days.

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