02-07-2025
R.I. poised to join N.H. with ban on deepfakes within 90 days of elections unless disclosed
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'This could have been a pyrrhic victory on our part if the Senate hadn't stripped out that language,' said John M. Marion, executive director of Common Cause Rhode Island. 'It's a good thing that Rhode Island is trying to stay ahead of the curve on requiring disclosure of deepfakes in elections.'
Marion said Rhode Island has a history of 'ahead of the curve' on campaign finance disclosure. He noted that in 2012, the state enacted legislation requiring the disclosure of independent expenditures in the wake of the
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The Rhode Island bill would prohibit rival candidates, political parties, and political action committees from creating and publishing recordings or videos that have been manipulated or generated by AI within 90 days of elections. But the prohibition would not apply if that manipulation or use of AI is disclosed, and the prohibition would not apply to 'synthetic media that constitutes satire or parody.'
The legislation allows candidates who are the targets of such 'synthetic media' to seek injunctions and to file civil lawsuits seeking damages.
Ilana Beller, organizing manager for the democracy team at Public Citizen, based in Washington, D.C., called Rhode Island's 'synthetic media' bill 'a huge win for democracy.'
She noted that deepfakes depict a person saying or doing things they never actually said or did.
'That is a form of fraud,' Beller said. 'The concern here is that, with this new ability to create deepfakes using AI, folks are being given the tools to create an alternative reality that looks factual to other people. We don't want voters to make these critical democratic decisions based on something fraudulent.'
The American Civil Liberties Union of Rhode Island and Common Cause agree on many legislative matters. But the ACLU opposed the 'synthetic media' bill, saying the group appreciates the legislation's intent but fears it could be used to infringe on First Amendment rights.
'In order to ensure that debate on public issues is, in the words of the US Supreme Court, 'uninhibited, robust, and wide-open,' the First Amendment provides special protection to even allegedly false statements about public officials and public figures,' the ACLU said in written testimony. 'AI-generated campaign communications are entitled to these protections.'
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The ACLU acknowledged that free speech rights are not unlimited in the political arena. But it argued that the First Amendment does not allow the government to declare any image or recording fraudulent if it fits the bill's definition of 'synthetic media.'
As an example, the ACLU noted that science-fiction Netflix series '
The Senate passed the bill
The two legislators who voted against the legislation — Representatives Jennifer A. Stewart and Cherie L. Cruz, both Pawtucket Democrats — said they shared the ACLU's concerns about First Amendment freedoms.
When asked about First Amendment concerns, Marion said, 'This is a bill about disclosure of the use of AI, not the prohibition of the use of AI. Courts have consistently upheld the use of disclosure in elections.'
Marion said the number of states passing deepfake regulations is growing rapidly. 'It's incredibly popular and bipartisan at a time when almost all election legislation is passed on a party line vote,' he said.
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He noted that in 2024 a
Secretary Gregg M. Amore, a Democrat, pushed for the legislation. 'As artificial intelligence becomes more and more prevalent in our society — especially in the world of elections — we have a responsibility to do everything we can to ensure that voters have access to truthful, accurate information," Amore said in a statement this week.
Senator Louis P. DiPalma, the Middletown Democrat who introduced the 'synthetic media' bill, said he was not surprised to read a recent New York Times story, '
The article reports that a Russian influence operation using AI tainted the first round of last year's presidential election in Romania, and a court there nullified that result, forcing a new vote and marking the first major election in which AI played a decisive role in the outcome. The article also includes the AI-generated image purporting to show a Canadian prime minister candidate in a pool with disgraced financier Jeffrey Epstein.
'I am surprised it has not happened more in the United States,' DiPalma said. 'It's going to happen. But this shows we can get ahead of the power curve once in a while.'
The bill's House sponsor was Representative Jacquelyn Baginski, the Cranston Democrat who chairs the state House Innovation, Internet and Technology Committee.
The General Assembly also recently passed
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'Rapidly evolving and easily accessible AI technology necessitate this update as celebrities and everyday citizens have been the victims of image-based sexual abuse and exploitation,' said Senator Elaine J. Morgan, a Hopkinton Republican. 'Deepfake pornographic images can cause enduring emotional harm, financial hardship, and permanent damage to the reputation of its victims.'
Edward Fitzpatrick can be reached at
