Michigan is taking steps to address the deceptive use of artificial intelligence (AI) and manipulated media in political advertising. As Congress and the Federal Election Commission debate more extensive regulations ahead of the 2024 election, Michigan has enacted legislation requiring campaigns to clearly disclose when political ads use AI. The law, which is expected to be signed by Gov. Gretchen Whitmer, also prohibits the use of AI-generated deep fakes within 90 days of an election without a separate disclosure identifying the media as manipulated.
Deepfakes, which are fake media that misrepresent someone’s words or actions, are created using generative AI. Concerns are growing that this technology could be used to deceive voters, impersonate candidates and undermine elections on a large scale in the upcoming presidential race.
Several states, including California, Minnesota, Texas and Washington, have already implemented laws regulating deepfakes in political advertising. Michigan law requires clear disclosure of the use of AI in political ads, with penalties for violations. Campaigns face possible misdemeanor charges, fines, or both for the first offense.
Federal lawmakers have also recognized the importance of addressing deep counterfeiting, but no legislation has yet been passed. A bipartisan Senate bill, co-sponsored by Senators Amy Klobuchar and Josh Hawley, aims to ban “materially misleading” spoofs related to federal candidates, with exceptions for parody and satire.
Michigan Secretary of State Jocelyn Benson has called on senators to pass the federal Deceptive AI Act and has encouraged states to enact similar legislation. However, it underscores the need for federal funding to effectively address the challenges posed by AI, including educating voters about deep fraud and providing resources to states.
While the Federal Election Commission has taken steps to potentially regulate AI-generated deep fakes under existing rules against “fraudulent misrepresentation,” no decision has yet been made. Social media companies such as Meta (Facebook and Instagram) and Google have also announced guidelines to mitigate the spread of harmful deepfakes, which require the dissemination of AI-generated political ads on their platforms.
As technology advances, staying ahead of potential AI-related election interference is crucial. Michigan’s efforts to regulate deep-pocketed fraud and ongoing discussions at the federal level underscore the urgency of addressing this issue to safeguard election integrity.
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