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