WHY THE DISCLAIMER?

In Michigan, political advertisements are subject to specific disclaimer and identification requirements under the Michigan Campaign Finance Act (MCFA), particularly Section 169.247. These rules apply to various forms of media, including print, radio, television, and digital platforms, and are designed to ensure transparency in political communications.Michigan Legislature+1Alliance for Justice+1

Key Requirements for Political Advertisements

1. Identification of Sponsor: All political advertisements referencing a candidate, election, or ballot question must clearly state the name and address of the person or entity paying for the ad. This applies to printed materials, broadcast ads, and other forms of communication. Alliance for Justice+4michiganpress.org+4Michigan Legislature+4

2. Disclaimers for Independent Expenditures: If an advertisement is not authorized by a candidate or their committee, it must include a disclaimer stating, "Not authorized by any candidate committee." This is particularly relevant for ads funded by independent groups or individuals. michiganpress.org+4Michigan Legislature+4michiganpress.org+4

3. Use of Regulated Funds: Advertisements paid for with regulated funds must include a statement indicating this. For example, "Paid for with regulated funds." This requirement helps distinguish between different sources of campaign financing. michiganpress.org+1Michigan Legislature+1Michigan Legislature+1FEC.gov+1

4. Exemptions: Certain small items, such as campaign buttons or balloons, may be exempt from these requirements if the size makes it unreasonable to include disclaimers or identifications. Michigan Legislature+1Legal Information Institute+1

Regulations on Artificial Intelligence in Political Ads

As of February 13, 2024, Michigan law mandates additional disclosures for political advertisements that utilize artificial intelligence (AI).Elias Law Group LLP+1Morrison Foerster+1

1. AI-Generated Content Disclosure: Any political advertisement that is generated in whole or substantially by AI must include a clear and conspicuous statement indicating this fact. The specific wording and presentation of the disclaimer depend on the medium:Michigan Legislature+3Michigan Legislature+3Elias Law Group LLP+3

   • Print Ads: The disclaimer must appear in letters at least as large as the majority of the text in the ad.Michigan Legislature

   • Audio Ads: The disclaimer must be spoken clearly at the beginning or end of the ad, lasting at least 3 seconds.Michigan Legislature

   • Video Ads: The disclaimer must appear in text for at least 4 seconds and be spoken audibly at the beginning or end of the ad. Michigan Legislature

2. Materially Deceptive Media: It is illegal to distribute AI-generated media that falsely depicts a candidate engaging in speech or conduct they did not participate in, especially within 90 days of an election, unless the media includes a disclaimer stating it has been manipulated and does not represent actual events. Elias Law Group LLP

Enforcement and Penalties

Violations of these requirements can result in penalties:

• Criminal Penalties: Knowingly violating disclaimer requirements is a misdemeanor, punishable by a fine of up to $1,000 or imprisonment for up to 93 days, or both. Michigan Legislature

• Civil Fines for AI Violations: Failing to include required AI disclaimers can lead to civil fines of up to $250 for a first offense and up to $1,000 for subsequent offenses. Michigan Legislature