US lawmakers seek curbs on AI political deception; where does India stand on deepfake regulation?

Artificial intelligence-generated political content is emerging as a new challenge for democracies worldwide, with the United States moving towards stricter safeguards against deceptive AI advertisements while India continues to address the threat through existing legal provisions and election-related guidelines.

Two Democratic lawmakers in the US, Senator Adam Schiff and Indian-American Congressman Ro Khanna, have reintroduced the AI Ads Act, a proposed legislation aimed at banning deceptive artificial intelligence-generated campaign advertisements that misrepresent candidates, political committees or election-related organisations.

The proposed law seeks to prohibit fraudulent content created wholly or partly using AI, including manipulated images, videos and voice recordings that could mislead voters about a candidate’s views, actions or identity.

Schiff said AI-generated political deception could create a serious threat to democratic processes by making it increasingly difficult for voters to differentiate between genuine and fabricated content.

“AI-generated fraudulent advertising which uses the likeness or voices of candidates to misrepresent their positions, campaigns, or causes, or otherwise misrepresents a candidate’s point of view is not only wrong – it poses a serious threat to our democracy,” Schiff said.

Khanna said AI could bring significant changes to society but should not become a tool for manipulating voters.

“AI will transform our lives and our society in many ways, but it can’t be used to mislead voters or undermine our democracy,” he said.

The proposed US legislation comes amid growing concerns over the misuse of generative AI tools that can create realistic videos, audio clips and images of political leaders.

India’s deepfake challenge

India has also witnessed growing concerns over AI-generated misinformation, especially during election campaigns.

During the 2024 Lok Sabha elections, political parties used artificial intelligence for voter outreach, including creating digital avatars, translating speeches and personalising campaign communication. However, the election season also saw the spread of manipulated videos and fake audio clips targeting political figures.

Several deepfake videos involving politicians went viral on social media platforms, raising concerns about their potential impact on public opinion and electoral choices.

The Election Commission of India (ECI) responded by issuing advisories to political parties, asking them to refrain from spreading misinformation and directing them to clearly label AI-generated or digitally altered content used during campaigns.

However, India does not currently have a dedicated law specifically dealing with AI-generated political deepfakes or deceptive election advertisements.

Instead, authorities rely on existing legal frameworks, including provisions under the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita (BNS) and rules governing online intermediaries.

Deepfake-related offences are currently addressed through provisions of the Information Technology Act, 2000, along with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The Information Technology Ministry has also issued advisories to social media platforms on dealing with deepfakes and misleading AI-generated content. Platforms are required to take measures against unlawful content and inform users about the risks of manipulated media.

Existing laws versus emerging technology

While existing laws can address certain forms of online fraud, impersonation, misinformation and harmful content, experts have pointed out that AI-generated deepfakes present a unique challenge because of their speed, scale and realistic appearance.

A fake video or audio clip created using AI can spread rapidly before authorities or platforms are able to verify and remove it.

The US AI Ads Act specifically focuses on political advertising and fraudulent representation, attempting to create clearer rules around the use of AI in elections. In India, discussions around similar safeguards have grown as political campaigns increasingly adopt artificial intelligence tools.

The challenge for policymakers is to balance innovation with protection against misuse. AI tools are being increasingly used in India for translation, accessibility, voter communication and campaign management, but concerns remain over their potential exploitation for misinformation.

Need for stronger safeguards?

India’s experience with digital misinformation has pushed calls for a more comprehensive approach to AI regulation, particularly ahead of future elections.

A dedicated framework could address issues such as mandatory disclosure of AI-generated political content, accountability of creators and platforms, faster response mechanisms and stronger penalties for deliberate electoral manipulation.

As democracies prepare for an era where seeing and hearing may no longer guarantee authenticity, the debate over AI regulation is shifting from whether such technology should be controlled to how quickly safeguards can keep pace with innovation.