Massachusetts Bill Aims to Regulate AI-Generated Misinformation in Elections

Massachusetts lawmakers have taken decisive steps to regulate artificial intelligence in political advertising, passing two bills aimed at combating election misinformation and requiring transparency in campaign materials.

The Massachusetts House of Representatives overwhelmingly approved legislation that would mandate disclosure of AI use in political ads and prohibit deceptive communications about candidates or electoral processes within three months of an election.

Representative Kristin E. Kassner, a Democrat from Hamilton, emphasized the threat posed by advanced technology to electoral integrity. “Creating and spreading false information about an election undermines the foundation of our democracy by denying people the ability to make informed choices,” said Kassner. “Emerging technologies now make it alarmingly easy to fabricate voices and images, accelerating the spread of election misinformation.”

The first bill, titled “An Act to Protect against Election Misinformation,” passed with a 154-3 vote. It specifically targets the distribution of deceptive communications within 90 days of an election. The legislation prohibits audio or visual media that depicts candidates with intent to damage their reputation or deceive voters, content that could disrupt election integrity, and material designed to mislead voters about election dates, voting requirements, or endorsements.

Representative Tricia Farley-Bouvier, who chairs the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity, described AI-generated deepfakes as “an attack on democracy” when used to manipulate voters or disrupt elections. “As technology advances at a rapid pace, voters should not have to wade through maliciously altered or AI-generated content to get the facts about an election,” she stated.

The legislation provides candidates whose likeness or voice appears in deceptive media with legal recourse. They may seek injunctive relief to prohibit distribution or pursue damages against parties responsible for spreading such content.

The bill includes notable exemptions to the 90-day prohibition. Media outlets that air or report on questionable ads as part of newscasts are exempt, provided they acknowledge concerns about authenticity. Websites, newspapers, magazines, and periodicals also receive exemptions, as do satire and parody content.

The second piece of legislation, “An Act enhancing disclosure requirements,” passed unanimously with a 157-0 vote. This bill establishes penalties for failing to disclose AI-generated materials in political advertising, with violations punishable by fines of up to $1,000.

Both bills now advance to the Massachusetts Senate for further consideration.

This legislative action in Massachusetts reflects growing national concern about the potential for AI to disrupt democratic processes. As artificial intelligence tools become increasingly sophisticated and accessible, state governments are beginning to establish guardrails to protect election integrity.

The Massachusetts approach balances free speech considerations with the need to protect voters from deliberate manipulation. By targeting only “materially deceptive” content created with intent to mislead, and by including exemptions for legitimate news reporting and satire, the legislation attempts to focus narrowly on harmful applications of the technology.

These bills come as several other states consider similar measures ahead of the 2024 election cycle. The rapid development of generative AI technologies has raised alarms among election officials and democracy advocates, who warn that convincing fake videos, images, and audio could spread misinformation at unprecedented speed and scale.

If enacted, Massachusetts would join a small but growing number of states establishing legal frameworks specifically addressing AI in political communications, potentially setting precedents for federal legislation in this emerging area of election law.