An Act Regarding Synthetic Media in Campaign Advertising

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 335 - L.D. 517
An Act Regarding Synthetic Media in Campaign Advertising
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §1014, sub-§3, as amended by PL 2025, c. 224, §7, is further
amended to read:
3. Broadcasting prohibited without disclosure. A Except as provided in subsection
5-C, paragraph C, a person operating a broadcast, cable or satellite system within this State
may not broadcast any public communication, as described in subsections 1 to 2‑A, without
an oral or written visual announcement of the each disclosure required by this section.
Sec. 2. 21-A MRSA §1014, sub-§3-B, as amended by PL 2025, c. 224, §7, is
further amended to read:
3-B. Newspapers. A Except as provided in subsection 5-C, paragraph C, a newspaper
may not publish a public communication described in subsections 1 to 2‑A without
including the each disclosure required by this section. For purposes of this subsection,
"newspaper" includes any printed material intended for general circulation or to be read by
the general public, including a version of the newspaper displayed on a website owned or
operated by the newspaper. When necessary, a newspaper may seek the advice of the
commission regarding whether or not a communication requires the disclosure.
Sec. 3. 21-A MRSA §1014, sub-§4, as amended by PL 2025, c. 224, §7, is further
amended to read:
4. Enforcement. A violation of this section may result in a civil penalty of no more
than 100% of the amount of the expenditure in violation, except that a violation of
subsection 5-C may result in a civil penalty of no more than 500% of the amount of the
expenditure in violation and except that an expenditure for yard signs lacking the required
information may result in a maximum civil penalty of $200. In assessing a civil penalty,
the commission shall consider, among other things, how widely the public communication
was disseminated, whether the violation was intentional, whether the violation occurred as
the result of an error by a printer or other paid vendor and whether the public
communication conceals or misrepresents the identity of the person who financed it. If the
person who financed the public communication or who committed the violation corrects
APPROVED
MARCH 23, 2026
BY GOVERNOR
CHAPTER
593
PUBLIC LAW
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the violation within 10 days after receiving notification of the violation from the
commission by adding the missing information to the public communication, the
commission may, except for a violation of subsection 5-C, decide to assess no civil penalty.
Sec. 4. 21-A MRSA §1014, sub-§5-C is enacted to read:
5-C. Use of synthetic media. Whenever a public communication that requires a
disclosure under subsections 1, 2, 2-A or 2-B contains synthetic media, the public
communication must include, in addition to any other required disclosure, the words "THIS
COMMUNICATION CONTAINS AUDIO, VIDEO AND/OR IMAGES THAT HAVE
BEEN MANIPULATED OR ALTERED." The commission shall adopt rules regarding the
manner, size and placement of the disclosure required under this subsection. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
A. For purposes of this subsection, "synthetic media" means an image, an audio
recording or a video recording depicting a candidate's appearance, speech or conduct
that:
(1) In a manner that is likely to deceive a reasonable person, depicts the candidate
saying or doing something that the candidate did not say or do; or
(2) Has been manipulated or altered in a manner that is likely to provide a
reasonable person with a materially different understanding or impression of the
candidate's appearance, action or speech than a reasonable person would have from
an unaltered, original version of the image, audio recording or video recording.
B. For purposes of this subsection, "synthetic media" does not include:
(1) An image, an audio recording or a video recording depicting a candidate's
appearance, speech or conduct that has been modified to improve audio, video or
image clarity, to add captions or to highlight a specific section of the image, audio
recording or video recording as long as the modification does not create a
materially different understanding or impression of the candidate's appearance,
action or speech than a reasonable person would have from an unaltered, original
version of the image, audio recording or video recording; or
(2) Satire or parody.
C. A person operating a broadcast, cable or satellite system within the State that
broadcasts a public communication does not violate this subsection and a newspaper
that publishes a public communication does not violate this subsection unless the
broadcaster broadcasts or newspaper publishes a paid public communication with
actual knowledge that the public communication contains synthetic media. The
broadcaster's or newspaper's receipt of an allegation made by a 3rd party that a public
communication contains synthetic media does not, by itself, constitute actual
knowledge by the broadcaster or newspaper that the public communication contains
synthetic media. For purposes of this paragraph, "newspaper" has the same meaning
as in subsection 3-B.
D. The commission shall notify the Office of the Attorney General if a person who is
in violation of this subsection does not cease violating this subsection after being
notified of the violation by the commission or if the commission is unable for any
reason to notify a person that the person is in violation of this subsection. The Attorney
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General may bring a civil action in the Superior Court of Kennebec County for
injunctive or other appropriate equitable relief requiring the person to comply with this
subsection. An action under this paragraph may be combined with an action under
section 1004-B for the purposes of the enforcement of penalties assessed by the
commission. If the Attorney General prevails in an action under this paragraph, the
court may award to the Attorney General the costs of the action together with
reasonable attorney's fees as determined by the court.
E. This subsection may not be construed to prohibit or limit any other cause of action
that a person may have against a person who violates this subsection.