Section 17-NEW - [Newly enacted section not yet numbered] [Effective 10/1/2024] Injunctive relief(a) All of the following may seek permanent injunctive relief against a person that violates this section:(1) The Attorney General.(2) A depicted individual.(3) A candidate for office who has been injured or is likely to be injured by the distribution of materially deceptive media.(4) Any entity that represents the interests of voters likely to be deceived by the distribution of materially deceptive media.(b)(1) If a court determines that a complaint for permanent injunctive relief filed pursuant to subsection (a) is frivolous, the court shall issue an order suspending the defendant's obligation to respond to the complaint and shall order the plaintiff to show cause why the complaint should not be dismissed. If the plaintiff fails to respond to the court or the plaintiff's response to the court confirms that the complaint is frivolous, the court shall dismiss the complaint and may award costs and attorney fees to the defendant and may issue any appropriate sanctions against the plaintiff and the plaintiff's attorney.(2) If the plaintiff's response to the court assures the court that the complaint is not frivolous, the court shall direct the defendant to answer the complaint.(c) A plaintiff seeking permanent injunctive relief under subsection (a) must prove by clear and convincing evidence that the defendant against whom the injunction is sought knew the media at issue falsely represented the depicted individual.(d) If a plaintiff, other than the Attorney General, is awarded permanent injunctive relief under this section, the court may award costs and attorney fees to the plaintiff.Ala. Code § 17-NEW (1975)
Added by Act 2024-349,§ 3, eff. 10/1/2024.