With less than 70 days until the U.S. 2024 Presidential Election, a new law in New Mexico could change things. This legislation, known as House Bill 182 (HB 182), which took effect on May 15, will require political campaigns to disclose when they use artificially generated content containing false information in campaign advertisements. The bill is part of a broader effort to protect voters from being misled by the increasing use of artificial intelligence (AI) in political messaging.
The bill was signed into law by Governor Michelle Lujan Grisham on March 5, after being passed during the 2024 legislative session. It mandates that political campaigns and candidates clearly disclose when AI-generated images, videos, or audio are used in advertisements to convey deceptive or misleading information. As AI technology continues to advance, there are growing concerns about its potential to distort political discourse by producing deepfake content that can confuse or mislead voters.
HB 182 focuses on providing transparency and accountability in the use of AI in political campaigns. Under the new law, political ads containing AI-generated content that is materially deceptive must include a clear disclaimer informing viewers or listeners that the content has been manipulated by AI. The disclaimer must be prominently displayed or clearly spoken, depending on the medium used. For visual media such as images or videos, the disclaimer must be easily readable and persist for the duration of the content. For audio-only media, the disclaimer must be read at the beginning, at the end, and at intervals within the message if it exceeds two minutes in length.
The New Mexico Secretary of State’s Office and the state Ethics Commission will be responsible for investigating any alleged violations of the new law. The Ethics Commission, which already enforces the Campaign Reporting Act, will take the lead in these investigations, leveraging its greater capacity for probing potential violations. Complaints about violations can be submitted either as formal administrative complaints or as informal tips. The administrative complaints are subject to more structured investigations, while tips, which can be submitted anonymously, allow the Commission to initiate internal reviews before deciding whether to pursue legal action.
While the Secretary of State’s Office can accept complaints related to the disclosure requirements under HB 182, it will often refer cases to the Ethics Commission due to an agreement between the two agencies. The law does not specify additional funding for enforcement, and with no emergency clause, it took effect 90 days after the legislative session’s end, just as early voting for New Mexico’s primary began.
Governor Lujan Grisham’s signing statement highlighted the need for this legislation, noting the rise of AI and its potential to deceive voters and undermine democratic processes. As New Mexico prepares to enforce HB 182, the Secretary of State’s Office is launching a statewide public education campaign to inform voters about AI’s influence in elections.
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If you have questions or concerns about navigating New Mexico’s AI laws and regulations, or any other U.S. and global AI regulations, don’t hesitate to reach out to BABL AI. Their Audit Experts can offer valuable insight, and ensure you’re informed and compliant.
