Do laws to prevent AI-generated deepfake political content violate free speech rights? Communication expert explains
As the 2024 election looms closer, political candidates are ramping up advertising efforts. Streaming and cord-cutting — canceling traditional cable or satellite service — has diminished the role of traditional television ads in favor of digital ads seen on platforms such as YouTube. But candidates aren’t the only ones hard at work creating digital content.
“A major concern surrounding political advertising is the rise of mis- and disinformation, which has become prolific in the era of easy to access artificial intelligence" (AI), said Cayce Myers, a professor in Virginia Tech’s School of Communication. “This technology leverages AI to create visual and voice recordings that appear highly realistic.”
Lawmakers are worried about the impact deepfake political content may have on elections. Approximately 19 states have laws that directly address AI use in political messaging, including advertising, with many other states working on similar legislation.
On Sept. 17, California Gov. Gavin Newsom signed three new laws to combat deepfake disinformation. One law that prohibits the knowing distribution of deepfake election information 120 days prior to an election and in some instances, 60 days after, will be in force during the 2024 presidential election. The other two laws go into effect in January 2025.
“The issue for many of these laws is their constitutionality under the First Amendment as deepfake regulation can impact content, such as parody, that is protect under the First Amendment,” Myers said. “These challenges highlight the difficulty in balancing free speech rights and integrity of democracy in an age of political disinformation.”
Legal challenges are expected for many of these laws. Myers said these challenges “highlight the difficulty in balancing free speech rights and integrity of democracy in an age of political disinformation.”
About Myers
Cayce Myers is a professor of public relations and director of graduate studies at the School of Communication at Virginia Tech. His work focuses on media history, political communication, and laws that affect public relations practice. He is the author of "Public Relations History: Theory Practice and Profession" and "Money in Politics: Campaign Fundraising in the 2020 Presidential Election". Myers has been quoted in several media outlets including Time, Bloomberg, Fox News, the Los Angeles Times, the Hill, and the Associated Press.
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