Attorney General Phil Weiser has issued a warning to voters about the potential for election misinformation and disinformation through the use of artificial intelligence-generated "deepfakes." These realistic-looking images, videos, and audio can be difficult to distinguish from authentic content. The advisory comes in conjunction with a new law aimed at preventing political campaigns from using AI deepfakes without proper disclosure.
The recently enacted HB24-1147, signed into law by Governor Polis, mandates that any AI-created communications featuring candidates must include a disclaimer indicating that the content is not real. Non-compliance with this requirement can lead to fines and other penalties.
“Because images, videos, and audio created with artificial intelligence are becoming difficult to distinguish from the real thing, you should be cautious when forming opinions based on what you see and hear online, on TV, and receive in the mail,” said Weiser. “The sad reality is that even AI-powered tools designed to detect these deepfakes have difficulty catching them. I encourage voters to do your research, get your news and information from trusted sources, and be mindful that the sophistication of AI means you can’t always believe what you see and hear anymore.”
The law applies within 60 days of a primary election and 90 days of a general election. With less than 90 days until the November 5 general election, these protections are currently active.
In his public advisory, Weiser outlined key points for voters, candidates, and campaigns regarding the new legislation:
- Any visual or audio communication about candidates using deepfake technology must be properly disclosed.
- Disclosures must be clear and conspicuous. A disclaimer stating that the content “has been edited and depicts speech or conduct that falsely appears to be authentic or truthful” must accompany such communications.
- Exceptions include news outlets discussing deepfake material in their stories if they clarify its nature. Radio and television stations running political ads containing undisclosed deepfakes are also exempt. Additionally, satires and parodies are excluded from this requirement.
Violations of this law could result in legal action to stop the dissemination of misleading content as well as financial liabilities or criminal penalties for offenders.