The Federal Election Commission (FEC) is taking steps to potentially regulate AI-generated deepfakes in political ads as the 2024 election approaches, sparking a debate on free speech and election integrity.
At a Glance
- The FEC unanimously voted to advance a petition to regulate AI-generated deepfakes in political ads
- Democrats urge swift action, citing concerns over voter manipulation
- Republicans express skepticism about FEC’s authority and potential First Amendment issues
- Some 2024 presidential campaigns are already using AI-generated content in ads
- Tech companies and lawmakers are scrambling to address the growing threat of AI in elections
FEC Considers Regulating AI Deepfakes in Political Ads
The Federal Election Commission (FEC) has taken a significant step towards potentially regulating the use of AI-generated deepfakes in political advertisements. This move comes as concerns grow over the impact of artificial intelligence on the integrity of the upcoming 2024 election. The FEC’s unanimous procedural vote advances a petition to regulate ads that use AI to misrepresent political opponents, setting the stage for a 60-day public comment period before any final decisions are made.
The push for regulation comes as generative AI tools make it increasingly easy and affordable to create convincing fake images, videos, and audio clips. Some 2024 presidential campaigns, including that of Florida GOP Gov. Ron DeSantis, have already incorporated AI-generated content into their ads. The Republican National Committee also released an AI-generated ad depicting a dystopian future under a re-elected President Joe Biden, highlighting the growing prevalence of this technology in political messaging.
Democratic lawmakers urge FEC to crack down on AI deepfakes over Grok backlash https://t.co/cLb5YFq2iD
— Just the News (@JustTheNews) August 27, 2024
Democrats Push for Swift Action
A group of 50 Democratic lawmakers has urged the FEC to advance the petition, emphasizing the difficulty voters face in identifying fraudulent AI-generated content. The advocacy group Public Citizen has asked the FEC to clarify that existing federal law against “fraudulent misrepresentation” applies to AI-generated deepfakes.
“Quickly evolving AI technology makes it increasingly difficult for voters to accurately identify fraudulent video and audio material, which is increasingly troubling in the context of campaign advertisements,” said House Rep. Adam Schiff
Public Citizen’s proposal includes the option for candidates to disclose the use of AI in ads, and the FEC could potentially set guidelines for how campaigns should display disclaimers about AI use. However, even if the FEC bans AI deepfakes in campaign ads, it wouldn’t cover all threats, such as those from outside groups or individual social media users.
Republican Skepticism and First Amendment Concerns
Republican Commissioner Allen Dickerson has expressed skepticism about the FEC’s authority to regulate deepfake ads and raised First Amendment concerns. This highlights the complex balancing act between protecting free speech and safeguarding election integrity.
“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,” said Republican Commissioner Allen Dickerson
The debate over regulating AI in political advertising reflects broader concerns about the technology’s potential to exacerbate misinformation about election fraud and undermine democratic processes. As AI continues to advance rapidly, policymakers, tech platforms, and governments are struggling to keep pace with effective regulations and safeguards.
Broader Implications and Future Actions
The issue of AI-generated deepfakes extends beyond federal elections. In the first six weeks of 2024 alone, lawmakers in 27 states have introduced bills to regulate deepfakes in elections. Meanwhile, tech companies like Meta, YouTube, and TikTok are requiring disclosures for AI content and developing industry standards to combat the spread of misleading information.
“We don’t really think of [AI] as a free-standing threat but as more of a threat amplifier,” said Dan Weiner, director of the elections and government program at the Brennan Center for Justice at New York University School of Law.
As the FEC considers its next steps, it’s clear that the challenge of regulating AI in political advertising is just beginning. With the 2024 election on the horizon, the pressure is mounting to find effective solutions that protect both free speech and the integrity of the democratic process. The outcome of this debate could have far-reaching implications for future elections and the role of AI in political discourse.
