Colorado deepfake law signed by Polis requires disclosure of campaign ads

Colorado campaign ads with audio, video and other AI-generated content will be required to include prominent disclosures under a bill signed into law by Gov. Jared Polis over the weekend.

The law, passed as House Bill 1147, compares “deepfakes,” or the use of AI to create false representations of people doing or saying things, to forcing the subject to act under duress. It warns that candidates’ reputations can be “irreparably tainted” by fabricated messages and requires “clear and conspicuous” disclosures when they are used to portray candidates within 60 days of a primary election or 90 days of a general election.

The new law gives people the right to file administrative complaints with the Secretary of State’s Office alleging violations of election law and also gives candidates the ability to sue over the spread of deepfakes.

State Rep. Junie Joseph, a Democrat from Boulder and the bill’s lead sponsor, said she hoped it would “ensure more transparent and accountable elections here in Colorado.”

Rapidly advancing artificial intelligence technology can catch voters by surprise and fuel the spread of lies about candidates, he said.

The deepfake bill was one of several election-related proposals championed this year by Secretary of State Jena Griswold. The new law takes effect immediately, including for the June 25 state primary.

Joseph said he worked with Griswold, the governor’s office and civil rights groups to ensure the new law did not affect First Amendment rights. Instead of banning the use of AI in ads, he requires disclosures and establishes civil penalties.

“AI is a threat to US elections and can fuel election misinformation through the use of deepfakes,” Griswold said in a statement. “This new law will help ensure Coloradans know when communications featuring candidates or officials are falsified and will increase transparency.”

Artificial intelligence technology in general has been the focus of new regulations in Colorado that have caught the attention of officials nationally and around the world. In March, more than a dozen technology companies said they would sign an agreement to take “reasonable precautions” to prevent technology from being used to disrupt democratic elections.