House committee weighs disclosure, exemptions and enforcement in proposed Montana 'deepfake' election law

Sen. Janet Ellis, sponsor of Senate Bill 25, told the House State Administration Committee the bill would require a disclosure statement on AI-generated "deepfakes" used in elections beginning 60 days before an election and would give candidates injunctive relief and a complaint path with the Commissioner of Political Practices.

"What Senate Bill 25 does is it essentially requires that a disclosure statement be placed on AI deep fakes that are used in elections 60 days before an election," Ellis said. She described the measure as a disclosure regime, not a ban, and said it was drafted to be complaint-driven and compatible with free-speech protections highlighted by the U.S. Supreme Court.

Broadcasters and major telecoms testified with concerns. Rhonda Wiggers of the Broadcasters Association said the industry appreciated working with the sponsor but urged removing language that would hold broadcasters to a "good faith effort" standard they could not satisfy and urged striking "should have known" from the bill, arguing stations cannot always determine if material is a deepfake. "We don't know how we should have known," Wiggers said, and recommended a simplified check-box approach rather than an open-ended liability standard.

A representative for AT&T and Charter said the groups were not opposing the bill but asked for clarifications to ensure service providers and interactive computer services are not held liable when a disclosure is provided. Committee staff noted the bill's amendment from the Senate clarified that prohibited conduct applies to entities that "pay for or sponsor" content rather than broadcasters who merely carry paid spots.

Questions from members focused on enforcement and proof: Representative Wirth asked how lower-funded candidates would obtain injunctions and litigate; Ellis said injunctive relief requires "clear and convincing evidence" and the complaint process with the Commissioner of Political Practices could follow. Representative Schubert and others probed the definition of 'deepfake' and whether synthetic voice generated from text would be covered; staff and the Office of Political Practices indicated synthetic voice and other synthetic media would fall under the bill's definition.

Technical issues arose when the committee initially had an earlier version of the bill in its folders; staff replaced it with the amended Senate version (SB 25.2) that incorporated broadcaster edits such as an 8-second audio disclaimer (down from 10) and an explicit exemption for newscasts and certain interactive-service reposting.

Opponents suggested narrow fixes that the sponsor said she would work on ahead of further action; committee staff said the bill had been amended to address some changes and that additional amendments were expected. The hearing concluded with the sponsor asking for a "do pass" and offering to continue working with stakeholders.