Indiana § 3-9-8-6 Cause of action for candidate depicted in fabricated media

Indiana Statutes

§ 3-9-8-6 — Cause of action for candidate depicted in fabricated media

Indiana·Art. 9 CAMPAIGNS·Ch. 8 Use of Digitally Altered Media in Elections

(a)A candidate depicted in fabricated media that is included in a campaign communication that does not include a disclaimer required by section 5 of this chapter may bring a civil action against:

(1)the person that paid for the campaign communication;

(2)the person that sponsored the campaign communication; and

(3)a person that disseminates the campaign communication, if:

(A)the campaign communication included the disclaimer when provided to the person; and

(B)the person knowingly, intentionally, or recklessly altered or removed the disclaimer before disseminating the campaign communication.

(b)A plaintiff who prevails in an action brought under subsection

(a)is entitled to recover:

(1)the plaintiff's actual damages;

(2)injunctive relief; and

(3)the amount of any court costs and

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(a) A candidate depicted in fabricated media that
is included in a campaign communication that does not include a
disclaimer required by section 5 of this chapter may bring a civil action
against:
(1) the person that paid for the campaign communication;
(2) the person that sponsored the campaign communication; and
(3) a person that disseminates the campaign communication, if:
(A) the campaign communication included the disclaimer when
provided to the person; and
(B) the person knowingly, intentionally, or recklessly altered or
removed the disclaimer before disseminating the campaign
communication.
(b) A plaintiff who prevails in an action brought under subsection
(a) is entitled to recover:
(1) the plaintiff's actual damages;
(2) injunctive relief; and
(3) the amount of any court costs and reasonable attorney's fees
incurred by the plaintiff in connection with the action.
(c) The plaintiff in an action under this section has the burden of
proving by clear and convincing evidence that the plaintiff was
depicted in fabricated media in the campaign communication that is the
subject of the action.
(d) A court shall expedite the hearing of an action brought under
this section.

Indiana § 3-9-8-6 (Cause of action for candidate depicted in fabricated media) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.