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Colorado AG Warns Consumers: Beware of AI Deepfakes in Political Ads

  • Colorado AG Phil Weiser issued an advisory on the use of AI-generated “deepfakes” in political advertising, following the passage of House Bill 24-2247, which regulates the use of AI-generated “deepfakes” in political messaging.
  • The new law defines deepfakes as AI-generated content, such as images, videos, or audio, that misleadingly appears to be authentic but shows individuals saying or doing things they never actually did. Under the law, any use of AI to create communications involving candidates for office must include a clear disclaimer stating the content is fabricated. Failing to provide this disclosure can lead to fines and other penalties.
  • The advisory cautions voters to remain vigilant, suggesting they verify suspicious political content through trusted sources and check for any required deepfake disclosures. With less than 90 days until the November 5 general election, the new law’s protections are currently in effect, applying to voter communications within 60 days of a primary and 90 days of a general election.
  • For more information about how AGs are responding to emerging technologies like AI, see this recent Expert Analysis by Cozen O’Connor attorneys Ketan Bhirud and Emily Yu.