Representative Steven S. Howitt supports bills regulating the use of AI in political campaigns

House proposals seek to block deceptive advertising by candidates, PACs

Boston – State Representative Steven S. Howitt, R-Seekonk, recently supported legislation that would promote greater election transparency by regulating the use of artificial intelligence in political campaign advertising.

House Bill 5094, An Act enhancing disclosure requirements for synthetic media in political advertising, and House Bill 5093, An Act to protect against election misinformation, were both given initial approval by the House of Representatives on February 11. The bills were engrossed on votes of 156-0 and 153-3, respectively.

Representative Howitt noted that House Bill 5094 would require that advertising paid for by a political candidate, political party or action committee, or campaign contributor with the intent to influence voters include clear disclaimers if the advertisement uses any audio or video that was generated using artificial intelligence. Violations would be subject to a fine of $1,000.

Representative Howitt said the proposed changes will help prevent voters from being misled and will allow them to make informed decisions on whether to support a candidate based on reliable, fact-based information. Similar language was filed as an amendment by the House Republican Leader’s Office during the Fiscal Year 2025 and Fiscal Year 2026 budget cycles, with the House adopting the amendment as part of its Fiscal Year 2025 spending proposal before it was dropped from the final budget.

During floor debate, the House adopted an amendment to House Bill 5094 offered by House Republican Leadership providing an exemption for radio and television broadcasting stations, including cable and satellite television operators, programmers, producers and mobile applications or streaming services who are paid to broadcast election-related communication.

According to Representative Howitt, House Bill 5093 would prohibit any individual or entity from distributing deceptive audio or visual material with actual malice within 90 days of an election. Specifically, the bill would apply to any material that:

• depicts a candidate with the intent to injure their reputation or deceive a voter into voting for or against the candidate;
• concerns the safety or regular operations of an election with the intent to disrupt the electoral process; or
• intends to mislead voters about the date, time, place, or methods of voting.

Under the provisions of House Bill 5093, a candidate who is the target of a deceptive audio or video may bring action for general or special damages but must bear the burden of proof that a clear violation occurred under this proposed law. It also authorizes the Attorney General to seek injunctive or other equitable relief when a violation occurs to block the distribution of the deceptive material.

Representative Howitt noted that House Bill 5093 provides an exemption for radio and televisions stations and streaming services that broadcast materially deceptive communications, including as part of an interview or news report, provided they disclose that there are questions about the authenticity of the material. Additional exemptions are provided for website and newspaper content that includes a similar disclosure, and for material that is considered to be satire.

House Bill 5093 and House Bill 5094 will now move to the Senate for its consideration.