Washington state became the first state to enact legislation, requiring political advertisements that use synthetic media or AI to disclose that information on the ads. The bill, effective July 23, 2023, targets the use of AI that creates a “realistic but false” advertisement and outlines what and how it must be disclosed depending on the type of advertisement. Additionally, the bill allows the sponsor of the advertisement to be held liable by the opposing candidate for deceptive use.

AAPC’s Board of Directors addressed the use of “deep fake” generative AI in political advertising as contrary to its Code of Ethics. The AAPC defines deep fake imagery as synthetic, computer-generated video, stills, or audio elements derived from a person’s likeness, voice, or image that is so near realistic that it is intended to lead voters to deceptive conclusions alternative to reality about a candidate, party, or issue.

AAPC Board of Directors member Jason Torchinsky’s law firm Holtzman Vogel addressed this bill and AAPC’s statement in a recent blog post. We encourage AAPC members to stay up to date on current disclosure laws and consult our Code of Ethics and your own counsel when using new technologies in political advertising.

Washington SB 5152 will be effective July 23, 2023.