FEC moves toward potentially regulating AI deepfakes in campaign ads

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The Federal Election Commission has begun a process to potentially regulate AI-generated deepfakes in political ads ahead of the 2024 election, a move advocates say would safeguard voters against a particularly insidious form of election disinformation.

The FEC’s unanimous procedural vote on Thursday advances a petition asking it to regulate ads that use artificial intelligence to misrepresent political opponents as saying or doing something they didn’t - a stark issue that is already being highlighted in the current 2024 GOP presidential primary.

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. In June, the FEC deadlocked on an earlier petition from the group, with some commissioners expressing skepticism that they had the authority to regulate AI ads.came back with a new petition identifying the fraudulent misrepresentation law and explaining it thought the FEC did have jurisdiction.

“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.’s executive vice president, said under its proposal, candidates would also have the option to prominently disclose the use of artificial intelligence to misrepresent an opponent, rather than avoid the technology altogether.

Even if the FEC decides to ban AI deepfakes in campaign ads, it wouldn’t cover all the threats they pose to elections.

 

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