US Bill Targets Election Deepfakes
A new bill introduced by U.S. Senator Becker aims to increase penalties for the use of AI-generated deepfakes in political fraud and defamation. The legislation seeks to create faster legal pathways for victims to secure takedowns and other remedies. This move reflects growing legislative concern over the use of synthetic media in political campaigns.
- The "Protect Elections from Deceptive AI Act" (S. 2770) was introduced in the Senate by a bipartisan group including Senators Amy Klobuchar (D-MN) and Josh Hawley (R-MO). It aims to prohibit the use of materially deceptive AI-generated content in federal election communications. - This federal bill would allow candidates targeted by such deepfakes to seek damages and have the content taken down. Exceptions are included for satire and parody to protect First Amendment rights. - Action on deepfakes is also occurring at the state level, with at least 26 states having already enacted their own laws. These state laws generally either require disclosure that content is AI-generated or prohibit the distribution of synthetic media close to an election. - Senator Josh Becker, the sponsor of the California bill mentioned in the card, also introduced the "Digital Dignity Act" (SB 1142) to provide broader protections against defamatory AI-generated replicas and impersonations. - In September 2024, California Governor Gavin Newsom signed a trio of bills addressing AI, including one co-written by Senator Becker (SB 942) that requires large generative AI companies to label AI-generated content and provide a detection tool. - The push for legislation comes amid real-world examples of AI being used in campaigns, such as a deepfake audio robocall that mimicked a presidential candidate's voice during the 2024 New Hampshire primary. - Legal challenges to these types of laws are already emerging, with some opponents arguing they could be overly broad and stifle legitimate political speech, including satire. A federal judge has already blocked a California law that mandated a specific type of disclaimer on deepfake videos. - The issue is global, with AI-generated content being used to influence elections in various countries, often to defame candidates or spread misinformation tailored to specific societal prejudices.
