Indiana and Kentucky lawmakers aim to protect voters from AI in political ads

LOUISVILLE, Ky. (WDRB) — Fiction or reality? How do you tell the difference between a real candidate and one created on a computer? Indiana and Kentucky lawmakers are taking steps to protect voters from deep fake political ads.

Angie Raymond, a professor of Business Law and Ethic at Indiana University Kelley School of Business, said its very easy to change videos.

“This would be ridiculously easy for someone to alter this video recording and alter both what I look like what you might see in the background and too what I'm physically doing and of course the voice as well," Raymond said during a Zoom call with WDRB Reporter Richard Essex.

Kentucky lawmakers are considering legislation that would make deep fakes illegal for political purposes, and a felony without consent. Indiana lawmakers are debating similar legislation.

Indiana Rep. Julie Olthoff, R-19, author of the bill, said in a statement, "This fabricated content is dangerous when used during elections because voters can be misled and misinformed about a candidate because people can't tell fiction from reality."

Technology has made the creation of deep fakes easy, however technology does little or nothing to detect fakes. The proposed Indiana legislation does not make it a crime to create deep fakes, however, the candidate or affected elected official can sue for damages.

“That is what makes this problem particularly pernicious, there is not going to be an easy technological fix," Scott Shackelford, Professor of Business Law & Ethics at Indiana University Kelley School of Business, said.

“And again this stuff can be caught and debunked quickly but in the lead up to or the day before an election or it is used to make robocalls or whatever it can reach a lot of people and potentially change a lot of minds,” said Shackelford.

As the political season ramps up and candidates' messages start to overwhelm the airways, voters need to stay vigilant.

“Because most of us have been taught for a considerable amount of time that our eyes do not deceive us," Raymond said. "Show me. And the truth is it is becoming easier to show things that are less than accurate.”

Neither proposed legislation in both Indiana and Kentucky have made it to the governor's office.