LANSING — The use of artificial intelligence in political advertising in Michigan is increasing, putting a policy enacted by lawmakers in 2023 to the test.
Republican gubernatorial candidate Sen. Aric Nesbitt released an AI-generated video this week depicting prominent Democrats in hypothetical situations.
Michigan law prohibits the distribution of materially deceptive media within 90 days after an election unless the content clearly states in some respect.
The ad appears to comply with Michigan law, and includes a small disclaimer throughout the video that says “Created by artificial intelligence.”
“I think that ad is particularly manipulative and misleading. AI has come a long way,” said Rep. Penelope Czernoglou, a Democrat who introduced the policy.
Michigan was one of the first states to introduce regulations regarding AI in political content.
“What we have in place regarding deepfakes is that ads have to have a disclaimer, they have to be published in a way that people can read, and they clearly state that the material is deceptive, that it is generated by AI,” she said.
The ad also shows politicians saying things they haven’t said publicly, and ends with the message that the video is “manipulated through technological means and depicts unrealistic behavior.”
Czernoglou said the ad shows how far technology has come in recent years.
“We didn’t know exactly what political deepfakes were going to look like, but we knew it would become an issue, and it certainly became an issue,” she said.
Mr. Czernoglou also expressed concern about Mr. Nesbitt’s depiction of her approaching Gov. Gretchen Whitmer while driving a tractor. The shot cuts off before it reads, “Justice is coming.”
“It has a very frightening and threatening tone, especially in this day and age where members of Congress are being threatened and stalked,” she says.
Nesbitt said in a campaign statement that Michigan voters don’t care about “parody videos” and are more interested in the policies of Whitmer and current political candidates.
Harold Lassers, chairman of the Grand Traverse County Democratic Party, said the required disclosures will likely provide enough notice to prevent voters from being misled through political ads.
But he says there are concerns about the use of AI by the general public.
“Falsehood is always a problem in political life, and AI will only amplify the ability to do that,” he says. “The number of bots that can send false information increases. The physical appearance of the information also increases.”
Michigan law also prohibits individuals, including political candidates, from knowingly distributing materially deceptive media that is intended to harm a candidate and whose content is false.
This rule only applies within 90 days after an election and also excludes content that is clearly marked as generated by AI.
