Hawaii’s new legislation against disinformation and deepfakes

Hawaii is combating the threat of AI-generated deepfakes and disinformation in political campaigns ahead of the 2024 elections. In collaboration with lawmakers from other states, State Representative Trish La Chica has introduced legislation to prevent the spread of deceptive deepfakes and protect the integrity of state elections.

Deepfakes are AI-generated images, audio, or videos that falsely portray candidates saying or doing things they never actually did. The use of deepfakes has become a significant concern for citizens, activists, and lawmakers. In response, Hawaii has proposed two bills to ban false information about candidates or parties and make it a crime to distribute fake political messages.

Under these bills, the Hawaii Campaign Spending Commission would be empowered to investigate and impose fines for deceptive information. The commission could compensate individuals harmed by fake messages within 90 days of the election. The goal is to implement stringent measures that discourage the use of deepfakes in political campaigns.

Why does it matter?

The urgency to address this issue stems from previous instances of false information spreading during elections. Several states, including Michigan, Minnesota, California, Washington, and Texas, already have laws restricting AI use in political communications. Swing states like Wisconsin, Florida, and New York also have pending legislation, although its passage in time for the upcoming local, state, and federal elections remains uncertain. The significance of preventing the political weaponisation of deepfakes is underscored by the fact that in Hawaii, a few hundred or thousand votes can significantly determine the outcome of a state House or Senate race. As a result, lawmakers are determined to proactively address this issue and prioritise the introduction of legislation.