(The Center Square) — Doctored photos and video footage and ads twisting of candidates’ words have been used for decades in political campaigns, but the rise of artificial intelligence has elevated those deceptive tactics to a new level.
That has New York Gov. Kathy Hochul and other Democrats pushing for restrictions on the misuse of the technology to sway voters and bash political opponents. On Tuesday, Hochul is expected to announce a proposed ban on using AI generated content for political ads at least 90 days before federal, state or local elections, as part of her annual “state of the state” address to lawmakers.
In a statement, Hochul said the proposed regulations will position New York as a leader in AI regulations by setting “strong and sensible standards” for its use in elections, “protecting voters across the state.”
“With the rise of Artificial Intelligence and algorithmic social media, it’s easier than ever for bad actors to spread misinformation in critical moments, including those that can decide elections,” Hochul said. “Now is the time to take action and protect our democracy or risk a slippery slope.”
Hochul’s proposal, which requires legislative approval, would also allow candidates, campaigns and their supporters to file a lawsuit if they see images that violate the proposed rules on political advertising.
Under current New York law, campaigns are required to disclose when they use AI for political advertising in an election cycle, but they aren’t restricted from using the technology.
Political observers have seen an increase in sophisticated AI-generated video or audio clips in ads for television and social media sites in recent years.
The Hochul administration pointed to an incident involving Keith Wright, a former Democratic state assemblyman from Harlem, who claimed an audio clip of him disparaging a former colleague ahead of the 2024 election was an AI generated deepfake.
New York has been at the forefront of a push to regulate the emerging AI industry, even as the Trump administration vows to scuttle state regulations it claims would cripple development of the technology.
Last month, Hochul signed a bill that sets new safety regulations on major AI companies and requires disclosure within 72 hours if a company believes harm may be imminent from one of their platforms. She also signed legislation requiring film production studios making or creating a TV ad or movie in the state to provide a disclosure if it includes AI-generated synthetic performers.
President Donald Trump signed an executive order in early December that limits states’ ability to regulate artificial intelligence and upend existing laws. The order came after Congress failed to pass a bill with similar regulations. He has pledged to punish states that don’t comply.
In 2024, the Federal Election Commission voted to begin the process of regulating AI-generated deepfakes in political ads. The panel held a 60-day public hearing process, but has yet to take action on any new regulations.
A recent report issued by the Congressional Research Service, a public policy research arm of Congress, warned that AI generated deepfakes could also be generated by rogue countries or foreign adversaries to meddle in elections.
“State adversaries or politically motivated individuals could release falsified videos of elected officials or other public figures making incendiary comments or behaving inappropriately,” the report’s authors wrote. “Doing so could, in turn, erode public trust, negatively affect public discourse, or even sway an election.”
