PolicyBrief
S. 1213
119th CongressMar 31st 2025
Protect Elections from Deceptive AI Act
IN COMMITTEE

This bill aims to ban the distribution of intentionally deceptive AI-generated media that targets federal candidates in order to sway elections.

Amy Klobuchar
D

Amy Klobuchar

Senator

MN

LEGISLATION

New Bill Targets AI Deepfakes in Federal Elections, Bans 'Materially Deceptive' Media

This bill, called the "Protect Elections from Deceptive AI Act," aims to tackle the problem of fake audio and video muddying the waters during federal elections. It specifically amends the Federal Election Campaign Act of 1971 to add rules against distributing AI-generated content that's meant to trick voters.

Decoding the Deception: What the Bill Bans

The core idea is to prohibit anyone – individuals, political committees, or other groups – from knowingly spreading AI-generated audio or visuals that are "materially deceptive" about a federal candidate. What does that mean? The bill defines this as AI content (images, audio, video) that either significantly alters reality to create a false impression or flat-out depicts a candidate saying or doing something they never actually did. Think of a deepfake video showing a candidate making controversial statements they never uttered, released just before an election to sway voters or solicit donations – that's the kind of thing this bill targets.

Exceptions and Enforcement: Who's Covered and What Happens?

It's not a blanket ban. The bill carves out exceptions for legitimate news reporting. If a news outlet (TV, radio, print, online) runs a story featuring potentially deceptive AI media, they're exempt if they clearly state there are doubts about its authenticity. Satire and parody are also explicitly protected, so political cartoons or humorous takes using AI should be safe.

If a candidate finds themselves the target of a deceptive AI fake, this bill gives them legal options. They can go to court to get an injunction – basically, an order to stop the fake media from being distributed further. They can also sue the distributor for damages. However, the burden of proof is high; the candidate needs to show the violation with "clear and convincing evidence," which is a tougher standard than in many civil cases. This aims to balance protecting candidates with preventing frivolous lawsuits.

Real-World Wrinkles: Protecting Votes vs. Free Speech

The goal here is pretty clear: keep elections focused on real issues and candidates, not manufactured digital lies. It directly addresses the rise of sophisticated AI tools that can create convincing fakes, aiming to protect both candidates from smear campaigns and voters from being misled. However, putting this into practice might have some tricky aspects. Defining exactly what counts as "materially deceptive" versus sharp political commentary or even allowable satire could become a legal gray area. While the bill tries to protect news and parody, there's always a question of where those lines are drawn, especially when content goes viral online outside traditional news channels. The challenge will be enforcing this effectively without accidentally chilling legitimate, albeit perhaps critical or creative, uses of technology in political discourse.