The Rise of AI-Generated Images in Political Campaigns
Former President Donald Trump recently shared memes on his platform, Truth Social, that seemed to portray Taylor Swift and her fans supporting his candidacy. However, these images raise concerns about the use of AI-generated images in political campaigns and the misrepresentation of celebrities’ likeness.
Noah Downs, an IP and entertainment lawyer, has observed the rise of AI impersonators for endorsements, highlighting the need for caution. Even popular TV show “Shark Tank” had to issue a PSA warning fans about scams impersonating the show’s investors.
One of the memes shared by Trump shows a group of young women wearing “Swifties for Trump” t-shirts. These images are AI-generated and originally came from a satirical post. Another meme depicts Taylor Swift as Uncle Sam, urging people to vote for Donald Trump. While Swift has not commented on the 2024 presidential election, she publicly supported the Biden-Harris campaign in 2020.
Swift has been targeted by deepfake technology before, and this year, explicit AI images of her went viral. Lawmakers responded by introducing bills to protect against deepfakes, and even the White House Press Secretary called on Congress to take action.
In Tennessee, where Swift’s corporate representation is based, the ELVIS Act was signed into law to protect artists from unauthorized AI imitations of their work. However, since the legislation is new, its application remains untested. The ELVIS Act primarily focuses on audio-based impersonation, but experts believe there is a need for more comprehensive national legislation to address the broader issue of AI-generated media.
Avi D. Kelin, a partner at PEM Law, suggests that the ELVIS Act may not apply in this case, as it focuses more on audio impersonation than imagery. He speculates that this issue could become a federal election integrity concern in the future. The Federal Election Commission (FEC) has jurisdiction over political communications but is unlikely to introduce new guidelines on AI-generated political communications this election cycle.
While the FCC plans to implement new AI transparency requirements for TV and radio advertisements, these regulations do not extend to social media posts by politicians. This is concerning because research from the Center for Countering Digital Hate (CCDH) shows a significant increase in AI-generated disinformation on platforms like X.
The significance of these disingenuous endorsements lies in Taylor Swift’s immense cultural influence. Her support could sway voters in a close race. According to Morning Consult, over half of adults in the U.S. consider themselves fans of Swift, with 16% identifying as avid fans. This influence is remarkable considering that only about two-thirds of eligible Americans participated in the 2020 election.
The ELVIS Act is a new piece of legislation, and its exact parameters will need to be defined by the courts. The application of this law in cases like AI-generated images in political campaigns would be an interesting test case.
