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Indiana Code Title 3. Elections § 3-9-8-6

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 6. (a) A candidate depicted in fabricated media that is included in a campaign communication that does not include a disclaimer required by section 5 of this chapter may bring a civil action against:

(1) the person that paid for the campaign communication;

(2) the person that sponsored the campaign communication;  and

(3) a person that disseminates the campaign communication, if:

(A) the campaign communication included the disclaimer when provided to the person;  and

(B) the person knowingly, intentionally, or recklessly altered or removed the disclaimer before disseminating the campaign communication.

(b) A plaintiff who prevails in an action brought under subsection (a) is entitled to recover:

(1) the plaintiff's actual damages;

(2) injunctive relief;  and

(3) the amount of any court costs and reasonable attorney's fees incurred by the plaintiff in connection with the action.

(c) The plaintiff in an action under this section has the burden of proving by clear and convincing evidence that the plaintiff was depicted in fabricated media in the campaign communication that is the subject of the action.

(d) A court shall expedite the hearing of an action brought under this section.

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Cite this article: FindLaw.com - Indiana Code Title 3. Elections § 3-9-8-6 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-3-elections/in-code-sect-3-9-8-6/

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