Colorado Attorney General warns of “deepfakes”

DENVER (KKTV) – Colorado’s Attorney General issued a warning about “deepfakes” Monday morning.

Attorney General Phil Weiser says the public needs to be on guard against misinformation and disinformation about the election in the form of realistic-looking images, videos and audio files created using artificial intelligence, known as “deepfakes.” A public warning that was issued can be found at the end of this article.

This year, lawmakers passed HB24-1147, which Governor Polis signed into law. The new law requires anyone using AI to create communications to voters that include images, videos, or audio of candidates for office to include a disclaimer explaining that the content is not genuine. Failure to provide such a disclaimer can result in fines and other penalties.

“As images, videos and audio created with artificial intelligence become increasingly difficult to distinguish from reality, you should be cautious about forming an opinion based on what you see and hear online, on TV or in the mail,” Weiser said. “The sad reality is that even AI-powered tools designed to detect these deepfakes struggle to spot them. I encourage voters to educate themselves, get news and information from trusted sources and be aware that the complexity of AI means you can no longer always believe what you see and hear.”

In the public notice issued by Weiser, he outlines what voters, candidates and campaign teams need to know about the new law:

• Any visual or audio communication regarding candidates for office using deepfake images, audio, video or multimedia files is prohibited unless properly disclosed.
• The required disclosures must be clear and conspicuous. A disclaimer informing voters that the content “has been edited and represents speech or conduct that falsely appears authentic or truthful” must be displayed or otherwise appear in the notice, and the law provides for precise font sizes and other requirements.
• Exceptions to the law include protection for media outlets that discuss deepfake material in news reports, as long as it is clear in the broadcast that the content contains a deepfake. In addition, radio and television stations are exempt if they broadcast political advertisements using deepfakes without appropriate disclaimers. The law also exempts satire and parodies.
• Violations may result in legal action to prevent the distribution of the deepfake in question. Violations may result in financial consequences or even criminal penalties.

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