Concerns about materially deceptive media — so-called “deepfakes” — have accelerated as the use of artificial intelligence has become more sophisticated in recent years, prompting a member of the Florida Senate to propose civil penalties for using them in political ads.
That member is Pinellas County GOP state Sen. Nick DiCeglie, who has filed a measure (SB 850) that would require a campaign to include a disclaimer for a political advertisement that depicts a real person performing an action that did not occur.
“The increasing access to sophisticated AI-generated content threatens the integrity of elections by facilitating the dissemination of misleading or completely fabricated information that appears more realistic than ever,” DiCeglie said in a press release. “The technology that produces this content has advanced rapidly and outpaced government regulation.”
The bill says that “[i]f a political advertisement, electioneering communication, or other miscellaneous advertisement of a political nature” contains images, video, audio, text, or other digital content created in whole or in part through the use of generative artificial intelligence, and the generated content appears to depict a real person performing an action that did not actually occur, the material must prominently feature a disclaimer that says, “Created in whole or in part with the use of generative artificial intelligence (AI).”
Failure to include such a disclaimer could result in a fine starting at $2,500.
Never Back Down, the federal super PAC backing Ron DeSantis’ presidential campaign, used former President Donald Trump’s own words against him in an ad that aired earlier this summer. The ad accused Trump of attacking Iowa Gov. Kim Reynolds. A spokesperson for Never Back Down confirmed to The Hill that it used AI technology to “give voice to Trump’s words and Truth Social.” The ad never mentioned that it used artificial intelligence.
In April, the Republican National Committee created an AI-generated video appearing to show President Biden and Vice-President Kamala Harris celebrating at an Election Day party. The ad did carry a disclaimer in small font in the upper left side of the video that said, “Built entirely with AI imagery.”
Elsewhere Five states have already enacted legislation to regulate AI-generated images, audio, or video showing a candidate saying or doing things that they never did as a way to disparage their candidacy, according to Public Citizen. Lawmakers in at least five other states have filed such legislation.
In Michigan, the most recent state to pass such legislation, the penalties include potential jail time. Failure to include a disclaimer on an AI-generated ad would be a misdemeanor punishable by up to 93 days behind bars, a fine of up to $1,000, or both, according to Phoenix affilate the Michigan Advance.
The Florida measure does not yet a House companion.
–Mitch Perry, Florida Phoenix
