Maine Senate Advances Disclosure Requirement for AI-Altered Campaign Materials Along Partisan Lines

Lawmakers in the Maine State Senate have followed suit with their House colleagues in advancing a measure that would require political communications using images or videos that have been manipulated or altered to include a disclaimer.

Coming down along strictly partisan lines, all Democrats voted in support of the bill, while all Republicans voted in opposition.

The bill now faces a final vote in the Senate before likely being sent to Gov. Janet Mills’ (D) desk for a signature.

Titled An Act Regarding Synthetic Material in Campaign Advertising, LD 517 looks to levy a fine of up to 500 percent of the amount spent by an offending campaign on the non-compliant expenditure.

In order to be in compliance with the requirements outlined in this bill, entities using altered or manipulated media in their political communications must include a disclosure stating, in part: “THIS COMMUNICATION CONTAINS AUDIO, VIDEO AND/OR IMAGES THAT HAVE BEEN MANIPULATED OR ALTERED.”

Details regarding the size and placement of this disclaimer would be developed by the commission through routine technical rulemaking, meaning that rules would not require legislative approval to take effect.

Exempt from the proposed law’s new requirements would be media altered for the purpose of satire or parody.

Also free from this disclosure requirement would be radio and TV stations that are broadcasting synthetic media as part of a documentary or newscast, provided that they clearly acknowledge that there are questions regarding the materials’ authenticity.

These outlets would also not be subject to the disclosure requirement when they are being paid to broadcast synthetic media, provided that they do not intentionally remove any disclaimers included by the creator or deliberately circulate known synthetic media without the proper disclaimers.

Newspapers, websites, and other periodicals would be exempt from this requirement when sharing “deceptive or fraudulent political communication,” provided that it is clearly stated that it does not “accurately represent the speech or conduct of the depicted candidate or political party, as applicable.”

[RELATED: Maine Mulls Requiring Disclaimers for Political Communications Using Altered Videos and Images]

Bill sponsor Rep. Amy Kuhn (D-Falmouth) testified before the Judiciary Committee that this measure would play an important role in bolstering the public’s confidence in elections.

“Without regulation, deep fakes are likely to further exacerbate voter confusion and generate a loss of confidence in elections,” Rep. Kuhn said. “It is critical that the public maintains trust in our elections or else we risk losing their participation.”

The Maine Policy Institute, a nonpartisan policy think tank, testified in opposition to the bill, raising concerns over the regulation of political speech, vague standards, and potential chilling effects.

“Protecting the integrity of elections is important, but it must be done in a manner consistent with constitutional principles and longstanding free speech protections,” the organization said.

Click Here for More Information on LD 517

Disclaimer: The Maine Wire is a project of the Maine Policy Institute.