Colorado § 1-46-105 Civil action - injunctive relief - damages

Colorado Statutes

§ 1-46-105 — Civil action - injunctive relief - damages

Colorado·Title 01 Elections·Art. Failure to Disclose a Deepfake in a Communication

(1)A candidate whose appearance, action, or speech is depicted in a deepfake that is included in a communication distributed in violation of section 1-46-103 may:

(a)Seek injunctive or other equitable relief prohibiting the distribution, dissemination, publication, broadcast, transmission, or display of the communication, and preventing the defendant from otherwise further violating this article 46;

(b)Bring an action for compensatory and punitive damages against the person that distributed, disseminated, published, broadcast, transmitted, or displayed the communication;

(c)Seek reasonable attorney fees, filing fees, and costs of action; and

(d)Seek any other just and appropriate relief necessary to enforce this article 46 and remedy the harm caused by the violation of sec

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(1) A candidate whose
appearance, action, or speech is depicted in a deepfake that is included in a
communication distributed in violation of section 1-46-103 may:

(a) Seek injunctive or other equitable relief prohibiting the distribution,
dissemination, publication, broadcast, transmission, or display of the
communication, and preventing the defendant from otherwise further violating this
article 46;

(b) Bring an action for compensatory and punitive damages against the
person that distributed, disseminated, published, broadcast, transmitted, or
displayed the communication;

(c) Seek reasonable attorney fees, filing fees, and costs of action; and

(d) Seek any other just and appropriate relief necessary to enforce this
article 46 and remedy the harm caused by the violation of section 1-46-103.

(2) An action commenced pursuant to subsection (1)(a) of this section must
be heard by the district court at the earliest practical time.

(3) An action commenced pursuant to subsection (1)(a) or (1)(b) of this section
does not limit or preclude a plaintiff from securing or recovering any other available
remedy, or from seeking to institute a criminal action against the defendant.

(4) In any civil action alleging a violation of section 1-46-103, the plaintiff
bears the burden of establishing the violation by clear and convincing evidence.

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