Massachusetts Legislation Targets Prevention of Misinformation, According to NBC Boston

Massachusetts lawmakers are set to address the growing concern of artificial intelligence in political campaigns with new legislation aimed at curbing AI-generated misinformation during elections.

The Massachusetts House plans to vote Wednesday on two bills targeting deceptive AI content in political advertising. The legislation comes just one week after the Massachusetts State House News Service reported on a controversial AI-assisted political advertisement from gubernatorial candidate Brian Shortsleeve.

The primary bill, a redraft of legislation originally filed by Representative Tricia Farley-Bouvier, would prohibit candidates from distributing “materially deceptive audio or visual media” with malicious intent to harm a candidate’s reputation or mislead voters about election procedures. The prohibition would apply to content distributed within 90 days of an election.

“As artificial intelligence continues to reshape our economy and many aspects of our daily lives, lawmakers have a responsibility to ensure that AI does not further the spread of misinformation in our politics,” said House Speaker Ron Mariano and House Ways and Means Chair Aaron Michlewitz in a joint statement.

The proposed legislation includes key exemptions, notably for content that constitutes satire or parody. This exception has drawn particular attention following the Shortsleeve campaign ad, which his team characterized as parody. The bill would also protect news organizations that air or report on such advertisements, provided they acknowledge questions about the content’s authenticity.

A second bill, originally filed by Minority Leader Brad Jones and subsequently redrafted by the Ways and Means Committee, addresses “synthetic media” specifically designed to influence voting. This legislation would require clear disclosures at both the beginning and end of AI-generated content used in political campaigns, explicitly stating that artificial intelligence was used in its creation.

The bill would establish penalties of up to $1,000 for violations and would formally define “generative artificial intelligence” in Massachusetts law for the first time.

These legislative efforts reflect growing national concern about AI’s role in political discourse. As generative AI technology has become more sophisticated and accessible, election officials and lawmakers across the country have expressed alarm about its potential to create convincing but fabricated content that could mislead voters.

The timing of this legislation is significant as Massachusetts prepares for its 2024 election cycle, which includes not only presidential voting but also several high-profile state races, including the gubernatorial contest in which Shortsleeve is a candidate.

Massachusetts joins several other states considering or implementing regulations on AI in political advertising. California enacted similar legislation last year, while federal proposals have stalled in Congress amid broader debates about regulating artificial intelligence.

Media experts note that the challenge for lawmakers is balancing legitimate concerns about election integrity with free speech protections and the practical difficulties of enforcing restrictions on rapidly evolving technology.

The Massachusetts bills represent a targeted approach by focusing specifically on deceptive content created with malicious intent rather than attempting to regulate all AI-generated political content. However, questions remain about how authorities will determine what constitutes “materially deceptive” content or distinguish between genuine parody and deliberate deception.

If passed, the legislation would make Massachusetts one of the first states to establish comprehensive rules governing AI in political campaigns ahead of the 2024 election cycle. The House vote scheduled for Wednesday will determine whether these proposals advance to the Senate for further consideration.

As AI technology continues to evolve, these legislative efforts highlight the growing tension between technological innovation and electoral integrity that lawmakers across the country are increasingly being forced to address.