As the US election season heats up, the nation finds itself grappling with a new and potent challenge: the rise of artificial intelligence (AI) in spreading misinformation.

With polls predicting a fiercely competitive race, the specter of AI-generated content is adding fuel to an already volatile environment. From deepfakes to misleading imagery, the threat posed by AI in distorting reality has taken center stage, leading to significant legal and political responses.

In a recent incident, former President and Republican candidate Donald Trump stirred controversy by posting an AI-generated image of pop star Taylor Swift, dressed in patriotic colors, with the message "Taylor Wants You To Vote For Donald Trump." The post, made in August, triggered a firestorm online, with some users praising it and others raising alarms about the ethical implications of using AI in political campaigns. Swift, who remained silent initially, later addressed the issue while endorsing Vice President Kamala Harris. She expressed her concerns over AI's role in spreading falsehoods, emphasizing the need for transparency and truth in combating misinformation.

California takes action

Amid growing fears of AI’s influence on the election, California has stepped up with legislative measures. On September 17, Governor Gavin Newsom signed into law three bills aimed at curbing the misuse of AI in the electoral process. The new laws make it illegal to create or distribute deepfake content related to elections within 120 days before Election Day and 60 days afterward. Additionally, the laws empower U.S. courts to halt the distribution of such content and impose civil penalties on offenders.

Two other bills, set to take effect next year, will require social media platforms like X (formerly Twitter) and Facebook to remove politically-motivated deepfakes. These platforms will also be required to disclose AI-generated or altered visuals used in political ads. However, parody videos will still be permitted, provided they include a disclaimer indicating their comedic nature.

Legal pushback and political debate

The swift enactment of these laws has already sparked legal challenges. Christopher Kohls, a prominent figure who gained attention in July for creating a deepfake video of Kamala Harris, filed a lawsuit in federal court, arguing that the laws represent an overreach of state power. Kohls, whose video was widely circulated after being reposted by Elon Musk on X, claims that the legislation forces private companies to censor free speech.

Musk, a vocal critic of the new laws, took to X to denounce Governor Newsom’s actions, accusing him of criminalizing parody. He further supported Kohls' lawsuit, amplifying the debate over free speech versus the need for regulation in the digital age.