DOVER- Noting the increasing prevalence of “deep fake” technology and the challenges these artificial intelligence (AI) generated photos and videos could pose for elections, lawmakers filed legislation Thursday that would create restrictions on the use of deep fake technology to influence an election.
Sponsored by Rep. Cyndie Romer, House Bill 316 would restrict the distribution of election-related deep fakes within 90 days of an election.
“Deep fake technology becomes more accessible and sophisticated every day, and unfortunately, we’ve already seen examples of how AI generated content can be used to confuse voters and influence election outcomes,” said Rep. Cyndie Romer.
“Our democracy thrives when residents are empowered with accurate information. With HB 316, we’re working to ensure that every voter can make informed decisions without the interference of malicious deep fake campaigns.”
Deep fakes are defined in HB 316 as an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate or otherwise deceiving voters.
The bill includes exceptions to protect speech, expression, and media rights and permits the distribution of deep fakes if the altered media contains a disclaimer.
“The rapid advance of deepfakes and other digitally manipulated media should be of great concern to all Delawareans who may find it increasingly difficult to distinguish between real sounds and images, and fraudulent misrepresentations created with the help of artificial intelligence,” said Senate Majority Leader Bryan Townsend, the Senate prime sponsor of House Bill 316.
“That confusion can be especially dangerous for our democracy if bad actors are permitted to dominate the landscape with false representations and doctored media,” he said. “I want to thank Rep. Romer for moving quickly to get ahead of these very real threats with legislation that carries stiff penalties for anyone who attempts to use AI to hijack our elections.”
There have already been several recorded instances of deep fake technology being used to spread mis- and dis-information about elections and candidates. Ahead of the New Hampshire primary, voters received a fake robocall featuring a voice impersonating President Joe Biden telling residents not to cast their ballots in the state’s primary.
Under HB 316, distributing election-related deep fakes within 90 days of an election would be considered class B misdemeanor, unless the deepfake is intended to cause violence or bodily harm, in which case it would be a class A misdemeanor.
HB 316 has been assigned to the House Administration Committee.
