A deepfake free-for-all, courtesy of Beacon Hill…

As the state’s legislative session concludes without new regulations, Massachusetts voters are left to navigate a campaign season increasingly saturated with synthetic media. Lawmakers left a stack of proposals untouched, including bills that would have banned the spread of materially deceptive synthetic media near elections and mandated disclosure labels. This inaction distinguishes Massachusetts from 31 other states that have implemented varying degrees of legislative oversight regarding AI in political campaigns.

What happened

The lack of regulation has led to a proliferation of AI-generated content across the political spectrum. Republican gubernatorial candidate Mike Minogue has been a primary target of the super PAC Commonwealth Unity PAC, which has produced several realistic AI-generated videos featuring him, including one depicting him in a helicopter. While the super PAC chose to include AI-disclosure tags on these clips, such labeling remains entirely voluntary under current state law.

Beyond video content, the use of synthetic media has expanded into other formats. Political campaigns and outside groups have generated AI-altered images, video clips, and at least one fake radio advertisement featuring Governor Maura Healey or her voice. Democrats have also utilized AI tools, such as when school committee member Steve Leibowitz used ChatGPT to edit the background of a photo announcing an endorsement for state Senator Jamie Eldridge; the process inadvertently altered the appearances of the individuals in the image. Although a previous measure intended to restrict deepfakes in campaign ads was signed into law, it was designed as a temporary fix and expired before it could be applied to any state election. Consequently, the responsibility for distinguishing between authentic content and AI-driven manipulation currently rests solely with the voters.