States across the country are taking steps to address the growing issue of deepfake ads in political campaigns. In a recent incident in New Hampshire, thousands of voters received a robocall with a doctored voice of President Joe Biden, urging them to skip the state’s primary. Following this, New Hampshire lawmakers introduced a bill that would prohibit deepfakes within 90 days of an election unless accompanied by a disclosure stating that AI was used.
New Hampshire is just one of 39 states considering similar measures to add transparency to AI-generated deepfake ads or calls as the November presidential election approaches. These efforts are primarily focused on identifying content produced using AI rather than controlling or prohibiting its distribution.
In Wisconsin, Governor Tony Evers signed a law requiring political ads created with synthetic audio or video to carry a disclaimer, with penalties for non-compliance. However, voter rights groups argue that this law does not go far enough, as it only applies to campaign-affiliated entities, potentially leaving out other individuals or groups.
The Florida legislature passed a more stringent measure, making failure to disclose AI-enabled messages a criminal misdemeanor punishable by up to a year in prison, pending the governor’s signature. Arizona is also considering similar legislation requiring disclaimers 90 days before an election, with repeat offenders facing felony charges.
While states are focusing on identifying and regulating AI-generated content, Congress is exploring ways to regulate the circulation of deepfakes. Various bills have been proposed to prohibit the distribution of AI-generated material targeting federal candidates, with some aiming to remove legal protections for such content under a 1996 communications law.
Technology could play a role in identifying deepfakes by requiring AI companies to watermark or stamp any AI-generated content. However, enforcement remains a challenge, as bad actors may not adhere to these rules. The issue of deepfake ads goes beyond state jurisdictions, with calls for a federal component to address the national problem.
As the debate continues on how to combat the spread of AI-generated deepfakes in political campaigns, the involvement of both state and federal authorities will be crucial in ensuring transparent and fair elections.
