[ §11-304] Distribution of materially deceptive media; civil remedies.

340 words·~2 min read·/hi/chapter-11/11-304

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A depicted individual, including a candidate for election, whose appearance, speech, or conduct is altered or affected through the use of materially deceptive media, or any organization that represents the interest of voters likely to be deceived by the distribution of materially deceptive media, may bring an action for general or special damages against a person who violates section 11-303.

The court, in its action and in addition to any judgment awarded to the plaintiff or plaintiffs, may award a prevailing party reasonable attorney's fees and costs; provided that this subsection shall not limit or preclude a plaintiff from pursuing any other available remedy.

(b)A cause of action for injunctive or other equitable relief may be maintained against any person who is reasonably believed to violate or who is in the course of violating section 11-303 by:

(1)The attorney general;

(2)The campaign spending commission;

(3)A county attorney or county prosecutor;

(4)The depicted individual;

(5)A candidate for nomination or election to a public office who is injured or is likely to be injured by dissemination of materially deceptive media; or

(6)Any organization that represents the interest of voters likely to be deceived by the distribution of materially deceptive media.

A court may issue a temporary or permanent injunction or restraining order to prevent further harm to the plaintiff. If a plaintiff, other than the attorney general, campaign spending commission if represented by a state attorney, county attorney, or county prosecutor, is awarded permanent injunctive relief under this subsection, the court may award reasonable attorney's fees and costs to the plaintiff.

The court may issue a civil fine for the violation of a court order issued under this subsection in an amount of not more than $1,000 per day.

(c)For the purposes of this section:

"Distribute" has the same meaning as defined in section 11-303.

"Materially deceptive media" has the same meaning as defined in section 11-303. [L 2024, c 191, pt of §2]