Elon Musk’s social media platform, X (formerly Twitter), has filed a federal lawsuit challenging Minnesota’s 2023 law that criminalizes the use of AI-generated “deepfakes” intended to influence elections or harm candidates. The law imposes penalties, including jail time, for creating or distributing realistic fake media within specific election-related time frames.
X argues that the law violates First Amendment rights and is preempted by Section 230 of the Communications Decency Act, which shields social media platforms from liability for user content. The company contends that the statute could criminalize harmless content, including satire, and would erode free speech rather than defend democracy.
Minnesota Attorney General Keith Ellison’s office, responsible for defending the law, is reviewing the lawsuit. The law’s author, Democratic Senator Erin Maye Quade, criticized Musk for attempting to manipulate political outcomes and dismissed the lawsuit as frivolous.
The Minnesota law has already faced legal challenges from individuals who publish AI-generated political parodies, but a judge denied their request to suspend the law.
Proponents of the legislation argue that it requires the intent to injure a candidate or influence an election result. And it defines deepfakes as material so realistic that a reasonable person would believe it’s real, and generated by artificial intelligence or other technical means.
Still, some legal experts suggest the law may be struck down due to constitutional concerns and the absence of legal exceptions for false political speech.
We’ve seen some examples of what deep fakes used in the Canadian election, in fake news stories and even what we suspect is a video deep fake of a candidate. When that was circulated less than 48 hours before the election, it becomes next to impossible to absolutely prove it’s a fake and to get social media companies to take any action.
Given past examples with robocalls, we know that every technology will be abused in elections. Without any effective penalties for doing this, it’s a certainty.
