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Political Notebook: Election Ads Using AI Are All the Rage; More Disclosure Needed?

The increased use of artificial intelligence (AI) in media is rapidly becoming an issue in the Political arena. Memes are generated and distributed depicting candidates all over the internet. Now there are AI generated video ads being used to seek votes, or disparage opponents. Multiple states have recently passed legislation aimed at regulating the use of AI generated images and video, with some being much more stringent than others. Most require some form of clear disclosure if AI is used.

Tennessee law seems to be lagging a bit behind the efforts to curb “deepfake” AI in campaigns compared to other states. TCA 2-19-120, which went into effect July 1, requires deep fakes impersonating a candidate to contain a disclosure stating the content did not actually occur. The legislation is civil and criminal, meaning a targeted candidate can sue for damages and a violation is also a potential misdemeanor.

Specifically, if an audio deepfake impersonates a candidate’s speech, or a video deepfake depicts a candidate engaging in actions or speech they did not actually perform, the advertisement must clearly state at the beginning and end (for audio) or for the duration (for video) that it contains fake content. These requirements apply only within 120 days of an election if the impersonated candidate is not currently in office.

But what if a candidate uses AI to improve their own appearance or voice? That seems to be the case with 9th District GOP congressional candidate Charlotte Bergman. She has a new ad that seems completely AI generated, including her voice. Is it her and her voice or not?



Beyond the AI audio and imagery most likely being artificially created, there’s the issue of not one but TWO Tennessee flags in the ad being completely bogus. Seriously!?!? If a candidate is going to use AI in Tennessee shouldn’t a minimal level of competence be recognizing the state flag? 

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GARRETT GOES AI, TOO. 6th District GOP congressional candidate Johnny Garrett made his opposition to boys in girls sports a centerpiece of his first ad.

Whether this issue will have legs for Garrett or other Republicans across the state in the aftermath of the Supreme Court ruling last week allowing states to require athletes to compete in sports based upon their birth gender remains to be seen.

While Garrett’s first ad touched on the issue, his send hammered it home with an AI generated guy dunking over little girls. Great imagery, and definitely attracted attention. Should acts like that require specific disclosure that AI was used or not?

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Steve Gill is editor and publisher of TriStar Daily. He is definitely not AI generated and critics sometimes question whether he possesses any intelligence, artificial or otherwise.

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Written By

Matt O’Hern, a contributor for TriStarDaily.com, is a journalist and media consultant.O’Hern’s journalism background includes sports and political news reporting and editing for various organizations and news publications across the Southeast since 2002. O’Hern graduated from Samford University in Birmingham, AL, with a degree in journalism and a minor in political science.

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