Colorado’s new deepfake law aimed at combating election misinformation

DENVER (KDVR) — There are only 57 days left until Colorado’s general election on Nov. 5, and the state’s attorney general is warning voters to keep an eye out for possible election misinformation and artificially-generated content.

A new law, HB24-1147, requires anyone using artificial intelligence to create communications to voters that include images, audio or video to also include a disclosure that the advertisement was created with AI. The law specifically applies to the 60 days preceding a primary election and the 90 days preceding a general election.

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With under 90 days left until Nov. 5, the law is in effect for advertisements shown to voters in Colorado. Attorney General Phil Weiser issued a warning to voters on Monday, telling them to be on the lookout for AI-generated election misinformation.

“Because images, videos, and audio created with artificial intelligence are becoming difficult to distinguish from the real thing, you should be cautious when forming opinions based on what you see and hear online, on TV, and receive in the mail,” said Weiser in his warning. “The sad reality is that even AI-powered tools designed to detect these deepfakes have difficulty catching them. I encourage voters to do your research, get your news and information from trusted sources, and be mindful that the sophistication of AI means you can’t always believe what you see and hear anymore.”

There are a few stipulations in the new law that voters should be aware of:

• Disclosures must be clear and conspicuous: The text must be easily readable, or the same size as the largest font of other text appearing in the communication

• There are protections in the law for outlets that discuss deepfake material in news stories, as long as the story makes clear the content includes a deepfake. It also exempts satires and parodies.

• Violations can result in legal or even criminal penalties

The AG’s Office also gave some general guidance for media consumers and voters, given how difficult it can be to identify deepfake or AI-created materials. The agency recommended that viewers and listeners of political content check to see if the communication contains a disclosure of including a deepfake and verify with trusted sources whether any questionable audio or video, includes a deepfake.

Additionally, the AG told media consumers to remember that while the law applies to communications for candidates for office, deepfakes can be used in a range of ways to influence voters.

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