A Senate committee in the US state of Michigan has approved Bill 707, which seeks to impose fines on those who, under the proposed legislation’s scope, are found to be spreading election misinformation, and doing that intentionally.
Introduced earlier in the year by Senator Mary Cavanagh, if adopted, this bill would amend the Michigan election law to introduce fines ranging from $1,000 to $10,000 and qualify “spreading of election disinformation” as an offense.
Disinformation here is defined as statements and misrepresentations that are considered false by the authorities – but the authorities would also have to determine if those statements are made intentionally.
This is not the first time Cavanagh, a Democrat, has tried to push through legislation of this kind; the first attempt happened in 2022.
And it’s not the first time that similar proposals, similarly vaguely worded have seen the light of day in the US these last years; here as well, opponents are wondering who would be “the judge and jury” that declares somebody had intent to spread false information – but also, how the amended bill would be enforced.
“What is the burden of proof here? Is it clear and convincing evidence?,” asked Senator Ed McBroom, a Republican.
Supporters of the new bill – accepted by the Senate’s Elections and Ethics Committee along party lines – say it would “clarify” the state’s existing law dealing with voter intimidation, and adapt it to “modern” intimidation techniques.
Senator Cavanagh said that in addition to “specifying” that an individual (or a company employing them) must know their election-related statements are false, the bill aims to make sure voters in this swing state are aware of a Michigan Supreme Court ruling.
Namely, it decided that the First Amendment protections somehow “do not extend to intentionally false speech about election misinformation,” Cavanagh noted.
Therefore, what was left to do was introduce a new bill that “specifies” (but crucially, opponents think – it actually doesn’t) what passes for “intentionally spreading election disinformation,” and then suppress this speech.
