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Elon Musk’s X sues to overturn Minnesota political deepfakes ban

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https://apnews.com/article/minnesota-deepfake-law-x-elon-musk-twitter-c423540850ca3837891d62d69c6639f1

MINNEAPOLIS (AP) — X Corp., the social media platform owned by Trump adviser Elon Musk, is challenging the constitutionality of a Minnesota ban on using deepfakes to influence elections and harm candidates, saying it violates First Amendment speech protections.

The company’s federal lawsuit filed this week also contends that the 2023 state law is preempted by a 1996 federal statute that shields social media from being held responsible for material posted on their platforms.

“While the law’s reference to banning ‘deep fakes’ might sound benign, in reality it would criminalize innocuous, election-related speech, including humor, and make social-media platforms criminally liable for censoring such speech,” the company said in a statement. “Instead of defending democracy, this law would erode it.”

Minnesota’s law imposes criminal penalties — including jail time — for disseminating a deepfake video, image or audio if a person knows it’s fake, or acts with reckless disregard to its authenticity, either within 90 days before a party nominating convention, or after the start of early voting in a primary or general election.

It says the intent must be to injure a candidate or influence an election result. And it defines deepfakes as material so realistic that a reasonable person would believe it’s real, and generated by artificial intelligence or other technical means.