Navigating the New Frontier of Election Misinformation: Indiana’s Groundbreaking Deep Fake Law
When it comes to election season, one question has been popping up more than ever in the office of Michelle Harter, a seasoned attorney from Greenwood: "What can I safely post on social media?" With the new Indiana law making waves this year, Harter's usual advice—stick to the truth—has been given a crucial update: ensure your posts aren’t manipulated or digitally altered in any way.
Deep fakes, those unnervingly realistic fake images and videos generated by advanced technology, are on the rise. They’re becoming so sophisticated that distinguishing them from reality is increasingly challenging. As we gear up for the 2024 election cycle, these deep fakes are likely to be weaponized against political candidates. This is where Indiana’s fresh legislation, enacted in March, comes into play. It empowers candidates and elected officials who find themselves victims of deep fakes to sue the creators or distributors of these deceptive materials—unless a clear disclaimer is included stating, "Elements of this media have been digitally altered or artificially generated."
Rep. Julie Olthoff, the bill’s author, underscored the seriousness of this issue during a January hearing. “We are talking about advanced technologies that are so good at transformations a reasonable person can’t even tell that the images or recordings were doctored,” Olthoff explained. “People have the right to know whether what they are seeing, hearing, or reading is the truth or fiction.”
Key Points of Indiana’s Deep Fake Law:
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Legal Recourse for Victims: Candidates and officeholders depicted in deep fakes can take legal action against the creators or spreaders of these fakes.
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Mandatory Disclaimers: To avoid legal trouble, creators must include a disclaimer if they manipulate or generate content artificially.
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Narrow Application: The law’s protections are primarily for those running for office or holding current positions.
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Intent Matters: The law scrutinizes the intent behind the dissemination of altered media, aiming to prevent election manipulation.
Despite these safeguards, the law has yet to face a courtroom test, leaving many, including legal professionals, somewhat in the dark about its practical impact. Harter herself expressed skepticism about its current visibility. “I don’t even think this is on anybody’s radar,” she noted.
Consider the case of Transportation Secretary Pete Buttigieg. Recently, a debunked image of Buttigieg—falsely showing him using a device to breastfeed a baby—was circulated. Lieutenant governor candidate Micah Beckwith was among those who shared this doctored image, which did not include a disclaimer. On the surface, this could seem like a potential test case for the new law. However, legal experts believe it may not fit the bill. House Enrolled Act 1133, as the legislation is known, is tailored to apply specifically to candidates or current officeholders, excluding Buttigieg, who does not fall into either category.
Furthermore, the law protects those who merely repost fake images from liability, provided the original post lacked a disclaimer. In other words, if someone shares a doctored image but didn’t alter or remove any disclaimer, they might not be held accountable. Additionally, the law delves into the realm of intent: it must be proven that the communication aimed to influence or harm a “clearly identified” candidate or election outcome.
Challenges and Perspectives:
“Proving someone’s intent is incredibly difficult,” Harter remarked. “It’s also going to be very subjective depending on who’s hearing the case.”
Russell Sipes, an attorney from Indianapolis, believes the law could benefit from a broader scope, extending beyond just candidates and elected officials. Still, he views the current legislation as a step in the right direction. “Even if its true impact becomes clear only through actual lawsuits, it’s a valuable tool,” Sipes said. He likened the potential effect of this law to a quote from British author Samuel Johnson: “When a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully.” Sipes interprets this as a reminder that even seemingly modest laws can gain significance when their implications become real.
Looking Ahead:
As deep fakes become more pervasive and sophisticated, Indiana’s law stands at the forefront of a critical battle against digital deception. It reflects an urgent need to protect political integrity and ensure that voters receive accurate information. While the law’s practical effects remain to be seen, its very existence raises awareness about the potential for digital misinformation to disrupt democratic processes.
In this evolving landscape, candidates, officeholders, and even ordinary citizens must stay vigilant. The new legislation represents a significant step toward safeguarding truth in the age of digital manipulation. As this law undergoes its first real-world tests, it will undoubtedly shape the discourse around election integrity and the fight against fake media.
So, whether you're a political candidate, an election observer, or just someone navigating the social media minefield, it’s essential to stay informed about these changes. Verify the authenticity of what you see online, be aware of the new legal boundaries, and contribute to a fairer, more transparent electoral process.
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