FEC moves toward potentially regulating AI deepfakes in campaign ads

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The FEC's decision to consider the issue of AI deepfakes in political ads comes as some presidential campaigns in the 2024 race — including that of Florida GOP Gov. Ron DeSantis — already are using them to persuade voters.

ahead of the 2024 election, a move advocates say would safeguard voters against a particularly insidious form of election disinformation.

In June, DeSantis’ campaign shared an attack ad against his GOP primary opponent Donald Trump that used AI-generated images of the former president hugging infectious disease expert Dr. Anthony Fauci., using a tool called VideoAsk to create an AI chatbot in his likeness.the agency to clarify that an existing federal law against “fraudulent misrepresentation” in campaign communications applies to AI-generated deepfakes.

“I’ll note that there’s absolutely nothing special about deepfakes or generative AI, the buzzwords of the day, in the context of this petition,” he said, adding that if the FEC had this authority, it would mean it also could punish other kinds of doctored media or lies in campaign ads. Weissman said acknowledging deepfakes are fraud solves Dickerson’s First Amendment concerns too — while false speech is protected, fraud is not.

 

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