WHEREAS, the digital landscape has created unprecedented opportunities for the rapid and widespread distribution of false, malicious, and verifiably incorrect information targeting individuals, small businesses, and organizations across the State of Michigan;
WHEREAS, current federal frameworks, including provisions of the Communications Decency Act Section 230, have created an environment in which bad-faith actors face minimal accountability for deliberately false statements of fact published online;
WHEREAS, Michigan small businesses — particularly those in underserved regions of the state — are disproportionately harmed by coordinated defamation campaigns, fraudulent reviews, and malicious misrepresentation, with limited legal recourse due to the cost and complexity of civil litigation;
WHEREAS, the State of Michigan has a compelling interest in protecting its residents, entrepreneurs, and economic ecosystem from verifiable falsehoods published with malicious intent; and
WHEREAS, the free exchange of genuine opinion, legitimate criticism, and truthful information remains a cornerstone of democratic society and shall be fully protected under this Order;
NOW, THEREFORE, I, Ceric Lasentri, Governor of the State of Michigan, hereby order the following:
For purposes of this Order, the following definitions apply:
- Verifiable Defamation — A published statement of fact — as distinct from opinion — that is demonstrably false, was published with knowledge of its falsity or with reckless disregard for the truth, and caused or foreseeably could cause material harm to the subject.
- Malicious Misinformation — False factual claims published with the deliberate intent to harm an individual, business, or organization, including coordinated fraudulent review campaigns.
- Bad-Faith Actor — Any individual, entity, company, or corporation that publishes or coordinates the publication of verifiable defamation or malicious misinformation targeting Michigan residents or businesses.
- Platform — Any website, application, or digital service that hosts user-generated content accessible to Michigan residents.
- Digital Truth Officer — The state official designated to administer the Michigan Digital Accountability Office established herein.
There is hereby established within the Michigan Department of Attorney General the Michigan Digital Accountability Office (MDAO). The MDAO shall:
- 1Receive and investigate formal complaints from Michigan residents and registered Michigan businesses alleging verifiable defamation or malicious misinformation published online.
- 2Maintain a public registry of confirmed bad-faith actors operating within or targeting Michigan, updated quarterly.
- 3Develop and publish a standardized evidence framework for documenting provably false digital statements, accessible to Michigan residents and small businesses at no cost.
- 4Coordinate with the Michigan Attorney General's office to pursue civil action against confirmed bad-faith actors on behalf of injured Michigan parties who lack independent means to do so.
- 5Issue formal findings of verified defamation upon completion of investigation, which findings shall be admissible as evidence in subsequent civil proceedings.
Upon a formal MDAO finding of verified defamation or malicious misinformation, the following consequences shall apply:
- Mandatory Public Disclosure — The confirmed finding shall be published in the MDAO registry and made available to all Michigan licensing authorities.
- Business License Review — Any Michigan-licensed business found to have engaged in coordinated defamation campaigns shall be subject to expedited review of applicable state licenses and permits.
- Corporate Officer Accountability — Officers and executives of corporations found to have directed or condoned malicious misinformation campaigns shall be individually named in the MDAO registry and subject to personal civil liability in state court.
- Platform Notification — The MDAO shall formally notify relevant digital platforms of confirmed findings and request removal of verified defamatory content under applicable platform policies.
- Enhanced Civil Standing — Michigan residents and businesses holding a formal MDAO finding shall have enhanced standing in Michigan civil courts, with a rebuttable presumption of damages.
Nothing in this Order shall be construed to restrict, penalize, or chill:
- Genuine opinions, even negative, about products, services, public figures, or matters of public concern.
- Truthful statements of fact, regardless of how unflattering to the subject.
- Legitimate journalism, whistleblowing, or reporting in the public interest.
- Political speech, satire, parody, or commentary on matters of public importance.
- Academic research, criticism, or commentary.
The MDAO shall adopt procedural safeguards to prevent this Order from being weaponized against legitimate speech, including a mandatory review by the Attorney General's office before any formal finding is issued.
Recognizing that Michigan small businesses — particularly those in rural and underserved regions of the state — bear disproportionate harm from coordinated digital defamation, the MDAO shall establish a dedicated Small Business Defamation Rapid Response Unit that:
- 1Accepts complaints from Michigan businesses with fewer than 50 employees on an expedited 30-day review timeline.
- 2Provides free legal guidance and documentation support to eligible small business complainants.
- 3Maintains a dedicated hotline and online portal for small business complaint submission, accessible statewide including the Upper Peninsula.
- 4Produces an annual report to the Legislature on the scope and economic impact of digital defamation on Michigan's small business community.
This Executive Order calls upon the Michigan Legislature to enact permanent statutory authority for the Michigan Digital Accountability Office, establish a dedicated funding mechanism, codify enhanced civil remedies for victims of verified online defamation, and consider amending the Michigan Defamation Act to reflect the realities of the digital publishing environment.
The Michigan Attorney General shall within 90 days of this Order publish implementing regulations, establish the MDAO organizational structure, designate a Digital Truth Officer, and open the complaint portal for public use. Initial staffing shall be drawn from existing resources within the Department of Attorney General pending legislative appropriation.