AI deepfake election ad in Minnesota raises transparency concerns - TradingView

On June 3, 2024, Minnesota Lt. Governor Penny Flanagan publicly addressed the appearance of an AI-generated advertisement featuring her likeness. The ad, which was distributed by a political action committee supporting her opponent in the Senate primary race, depicted Flanagan standing on a pile of cash while criticizing her alleged connections to special interest groups.

What happened

The advertisement utilized AI technology to create a deepfake of Flanagan, a move she characterized as an attempt to mislead voters because her opponent could not compete with the truth. The incident drew immediate backlash from state legislators; 40 DFL state lawmakers signed a letter condemning the use of deepfakes in political campaigning, citing a 2023 law that prohibits the sharing of deceptive AI-generated content within 90 days of an election.

Under Minnesota law, such an action is considered a crime if the distributor knew or should have known the content was a non-consensual deepfake intended to harm a candidate's reputation to influence an election. While the North Star Dawn PAC, which issued the ad, did not comment on the matter, Flanagan's campaign began consulting with legal counsel. Although the ad ran after the DFL nomination, potentially complicating the legal timeline, state representative Maye Quade noted that the content violated the spirit of the legislation. The incident highlights ongoing tensions regarding the regulation of AI in American elections, as federal agencies like the FEC maintain that existing statutes against fraudulent misrepresentation are technology-neutral, while state-level efforts to curb deepfakes continue to face challenges.