Florida Bill Offers Sweeping AI Deepfake Ban Ahead of 2024 Vote

Florida would go further than other states in banning election deepfakes made with artificial intelligence, under legislation introduced Tuesday amid concern over disinformation affecting the 2024 elections.

The bill (SB 850)—which would take effect on July 1—aims to require political campaigns to disclose the use of AI in any “images, video, audio, text and other digital content” used in ads. Violators could face fines.

Florida could become the only state in the country besides Washington to outlaw AI deepfakes outside of the weeks before an election if the bill passes next year. That provision makes the proposal stand out compared to the four other states with existing laws against phony election ads.

Laws in California, Michigan, Texas, and Minnesota only apply to the periods ranging from 30 to 90 days before an election. Most candidates typically announce their campaigns months before that time frame.

Prospective candidates who have not officially declared their runs for office would be covered by the Florida bill affecting content portraying a “real person.” The Washington law would apply to a “candidate.”

At least a half-dozen other states have introduced similar legislation this year, including states that could determine control of the White House or US House like Wisconsin, New Hampshire, and New York.

Florida state Sen. Nick DiCeglie (R) has sponsored the bill, which is unique given that most of the legislative activity on election deepfakes has been driven by Democrats. Michigan, Minnesota, and Washington—all controlled by Democratic governors and legislatures—enacted laws earlier this year. The Florida legislature is controlled by Republicans.

“The concerns around A.I.-generated deepfakes in election communications transcend party lines,” Ilana Beller of the election advocacy group Public Citizen said in a statement.

The issue of deepfakes has emerged in the Republican presidential primary. A phony video circulated on X, formerly known as Twitter, that falsely showed Gov. Ron DeSantis (R) dropping out of the race for the GOP nomination for president.

The DeSantis campaign faced criticism in June for releasing a video that appeared to use AI to show rival candidate Donald Trump hugging Dr. Anthony S. Fauci. DeSantis has criticized Fauci for his handling of the COVID-19 pandemic.