Governor Glenn Youngkin is considering a bill that would require disclosure when paid political ads use artificial intelligence to deceive voters.
Imagine a future when you see an AI-generated image of a candidate used in a way to trick voters. Should that paid ad include a disclosure that says it's an AI-generated fake?
"Disclosure is generally anathema to the First Amendment. It's a form of compelled speech," says John Coleman with the Foundation for Individual Rights and Expression.
"The First Amendment safeguards expressive tools like AI, allowing them to enhance our ability to communicate with one another on political issues without facing undue government restrictions. So, we would urge the governor to veto this bill."
The bill was introduced by Delegate Mark Sickles, a Democrat from Northern Virginia, and he says the problem with that argument is that the First Amendment does not protect people who are trying to commit fraud.
"We have had disclosure for a long time in our political discourse," Sickles explains. "At the bottom of every mailer, it says authorized and paid for by such and such PAC or campaign committee. Nobody would want to go back to a world where we don't have that kind of disclosure."
He says if the governor thinks the General Assembly's approach is unconstitutional, he can always amend the bill in a way that respects the First Amendment while also protecting voters from being deceived by artificial intelligence.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
