Michigan joins the movement to regulate political ads using AI
Michigan is joining an effort to curb deceptive uses of artificial intelligence and manipulated media through state-level policies as Congress and the Federal Elections Commission continue to debate more sweeping regulations before the 2024 elections.
Campaigns on the state and federal level will be required to clearly say which political advertisements airing in Michigan were created using artificial intelligence under legislation expected to be signed in the coming days by Gov. Gretchen Whitmer, a Democrat.
It also would prohibit use of AI-generated deepfakes within 90 days of an election without a separate disclosure identifying the media as manipulated.
Deepfakes are fake media that misrepresent someone as doing or saying something they didn’t. They’re created using generative artificial intelligence, a type of AI that can create convincing images, videos or audio clips in seconds.
There are increasing concerns that generative AI will be used in the 2024 presidential race to mislead voters, impersonate candidates, and undermine elections on a scale and at a speed not yet seen.
Candidates and committees in the race already are experimenting with the rapidly advancing technology, which can create convincing fake images, video and audio clips in seconds and in recent years has become cheaper, faster and easier for the public to use.
The Republican National Committee in April released an entirely AI-generated ad meant to show the future of the United States if President Joe Biden is reelected. Disclosing in small print that it was made with AI, it featured fake but realistic photos showing boarded-up storefronts, armored military patrols in the streets, and huge increases in immigration creating panic.
In July, Never Back Down, a super PAC supporting Republican Florida Gov. Ron DeSantis, used an AI voice cloning tool to imitate former President Donald Trump’s voice, making it seem like he narrated a social media post he made despite never saying the statement aloud.
Experts say these are just glimpses of what could ensue if campaigns or outside actors decide to use AI deepfakes in more malicious ways.
So far, states including California, Minnesota, Texas, and Washington have passed laws regulating deepfakes in political advertising. Similar legislation has been introduced in Illinois, Kentucky, New Jersey, and New York, according to the nonprofit advocacy group Public Citizen.
Under Michigan’s legislation, any person, committee, or other entity that distributes an advertisement for a candidate would be required to clearly state if it uses generative AI. The disclosure would need to be in the same font size as the majority of the text in print ads, and would need to appear “for at least four seconds in letters that are as large as the majority of any text” in television ads, according to a legislative analysis from the state House Fiscal Agency.
Deepfakes used within 90 days of the election would require a separate disclaimer informing the viewer that the content is manipulated to depict speech or conduct that did not occur. If the media is a video, the disclaimer would need to be clearly visible and appear throughout the video’s entirety.
Campaigns could face a misdemeanor punishable by up to 93 days in prison, a fine of up to $1,000, or both for the first violation of the proposed laws. The attorney general or the candidate harmed by the deceptive media could apply to the appropriate circuit court for relief.
Federal lawmakers on both sides have stressed the importance of legislating deepfakes in political advertising, and held meetings to discuss it, but Congress has not yet passed anything.
A recent bipartisan Senate bill, co-sponsored by Sen. Amy Klobuchar, D-Minn., Sen. Josh Hawley, R-Mo., and others, would ban “materially deceptive” deepfakes relating to federal candidates, with exceptions for parody and satire.
Michigan Secretary of State Jocelyn Benson flew to Washington, D.C. in early November to participate in a bipartisan discussion on AI and elections and called on senators to pass Klobuchar and Hawley’s federal Deceptive AI Act. Benson said she also encouraged senators to return home and lobby their state lawmakers to pass similar legislation that makes sense for their states.
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