Law / United States / Montana
Deepfake Regulation Act (SB 25, 2025), election deepfake disclosure
Mont. Code Ann. 13-35-801 to 13-35-804
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force.
An AI transparency rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Do not pay for or sponsor the production, creation, or distribution of an election or electioneering communication you knew or should have known is a deepfake of a candidate or political party, within 60 days of the start of voting
- The prohibition does not apply if the communication carries the statutory disclosure that it was significantly edited by artificial intelligence and falsely appears authentic, in the required font size, screen height, or audio duration for its medium
- Bona fide news coverage carrying its own AI-use disclaimer, satire or parody, and certain broadcaster and distribution-platform conduct are exempted
- An interactive computer service is not liable for content another party provided
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
A second sufficiency finding by the commissioner of political practices is referred for misdemeanor prosecution, punishable by a fine up to $500 or up to 6 months in county jail, or both. A third sufficiency finding is referred for felony prosecution, punishable by a fine up to $5,000 or up to 2 years in state prison, or both.
Penalty structure
First sufficiency finding: civil penalty under Mont. Code Ann. 13-37-128 (up to $500, or three times the amount of an unlawful contribution or expenditure, whichever is greater). Second sufficiency finding: misdemeanor, fine up to $500 or up to 6 months in county jail, or both. Third sufficiency finding: felony, fine up to $5,000 or up to 2 years in state prison, or both.
- Rule
- Fixed only
- As of
- 6 September 2026
- Currency
- USD
- Fixed cap
- 5,000
Who enforces it
Settledness
Argued before the U.S. District Court for the District of Montana on 2026-08-21; a ruling was pending as of the date shown.
- As of
- 6 September 2026
- Under challenge
- Yes
- Open questions
- Does the prohibition on distributing an undisclosed deepfake of a candidate within 60 days of an election survive First Amendment scrutiny as a content-based restriction on political speech?
What it reaches
Obligation class
Prohibition, Disclosure
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Within 60 days of the start of voting in an election where a candidate appears on the ballot, a person, corporation, committee, political party, or other entity working in an official election capacity may not pay for or sponsor an election or electioneering communication it knew or should have known is a deepfake of a candidate or political party, unless the communication carries a prescribed disclosure that it has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful.
The disclosure must meet format rules by medium (minimum font size, screen height, or audio duration and placement), and the prohibition exempts bona fide news coverage with an AI-use disclaimer, satire or parody, certain broadcaster and distribution platform conduct, and an interactive computer service for content another party provided.
A candidate or political party depicted may seek injunctive relief and, on proof of a violation by clear and convincing evidence, recover actual damages, up to $10,000 in punitive damages, and attorney fees and costs.
A first sufficiency finding by the commissioner of political practices draws a civil penalty; a second draws misdemeanor prosecution (fine up to $500 or up to 6 months in county jail, or both); a third draws felony prosecution (fine up to $5,000 or up to 2 years in state prison, or both).
A First Amendment challenge to this scheme, brought over mailers depicting two primary candidates, was argued before the United States District Court for the District of Montana in August 2026, and a ruling remained pending as of the date shown; the law remains in force and enforced pending that ruling.
When LexLint raises it
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Read the law
official Montana Code Annotated, live codified text, leg.mt.gov