AI Frontier Institute

Revise election laws regarding disclosure requirements for the use of AI in elections

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Montana SB 25 (2025) is law. It regulates deepfakes in election communications. Section 1 defines "AI-generated content," "deepfake," "generative artificial intelligence," "synthetic media," and "candidate," which includes incumbents. A deepfake is AI-generated content or synthetic media that depicts a candidate or political party with intent to injure their reputation or deceive a voter. Section 2(1)(a) bars a person or entity from distributing, or paying for or sponsoring, an election or electioneering communication that it knew or should have known is a deepfake of a candidate or party on the ballot. The bar applies within 60 days of the start of voting. It does not apply if the communication carries the disclosure in Section 2(1)(b), which says the content "has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful." Section 2(1)(c) sets format rules for the disclosure in print, video, internet and audio. Section 2(2) provides exceptions for bona fide news coverage with an acknowledgment, broadcasters and distribution platforms that meet disclosure conditions, satire or parody with a disclaimer, and providers of interactive computer services, information services or telecommunications services for content from others. Section 3 lets an aggrieved candidate or party sue for an injunction. It requires expedited handling, costs and attorney fees, actual damages if proved, up to $10,000 in punitive damages, and clear and convincing evidence. Section 4 allows complaints to the commissioner of political practices. A sufficiency finding leads to civil penalties. A second finding is referred for misdemeanor prosecution (fine up to $500, up to 6 months in jail, or both). A third is referred for felony prosecution (fine up to $5,000, up to 2 years in prison, or both). Section 5 codifies the act in Title 13, chapter 35. Section 6 provides severability.

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