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

⤴ Up to Article 46: Failure To Disclose A Deepfake In A Communication Concerning A Candidate For Elective Office

Statute Text

(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 .

History

Added by 2024 Ch. 250 , § 3 , eff. 7/1/2024 , app. to communications distributed on or after 7/1/2024 .

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