Montana AI deepfake law blocked by federal judge

A federal judge has issued a preliminary injunction against Montana's Senate Bill 25, a law designed to regulate AI-generated “deepfake” content in political campaign advertisements. Senior U.S. District Judge Susan Watters ruled that the law likely violates the First Amendment by engaging in viewpoint-based discrimination.

The statute required political advertisements using AI-generated or digitally altered media to include a disclaimer if the content was intended to “injure the reputation of the candidate or party or otherwise deceive a voter” within 60 days of an election. Judge Watters noted that the law treated identically deceptive media differently based on whether the message was intended to damage or elevate a candidate.

The legal challenge was brought by former state Senator Dan Bartel, whose political committee used AI-generated mailers during Republican legislative primaries. Bartel argued that the disclosure requirements created a chilling effect on political speech. The court found that the state failed to prove that the risks of generative AI could not be managed through less restrictive methods.