Legal Threats Arise Over AI Deepfakes in Political Campaigns

<p>Representative Derrick Van Orden (R-Wis.) received a cease-and-desist letter this week regarding an AI deepfake he posted, which falsely depicted his Democratic opponent, Rebecca Cooke, expressing views her campaign states she does not support.</p><p><strong>Context:</strong> Van Orden is among a growing number of candidates and officials facing legal complaints and threats related to the use of AI deepfakes in campaign advertisements.</p><hr /><p><strong>Details:</strong> Cooke's attorneys sent the cease-and-desist letter on Wednesday, citing Van Orden's "pattern of posting misleading AI-generated videos that falsely attribute statements to Cooke."</p><ul><li>The letter specifically referenced an August post by Van Orden featuring an AI-generated video of Cooke allegedly stating she wants to "take advantage of as much corruption as possible and give every illegal alien free healthcare," a claim she denies.</li><li>Van Orden's team did not respond to Axios' request for comment; however, he publicly responded to Cooke with an AI-generated video featuring a duck wearing a Democratic Socialists of America T-shirt, saying, "cease and desist." </li></ul><p><strong>Wider Implications:</strong> The use of AI deepfakes has increased during this election cycle, while Congress has not yet established a federal standard governing their use.</p><ul><li>Some campaigns have utilized hyperrealistic ads, such as Texas Senate GOP nominee Ken Paxton, who combined real and inaccurate statements from his opponent, James Talarico.</li><li>In Louisiana's Republican Senate primary, one candidate was depicted busing undocumented immigrants to polling places.</li><li>Other campaigns have employed more cartoonish ads, which candidates have described as parodies.</li><li>According to the National Conference of State Legislatures, about 31 states regulate political deepfakes, with at least 28 requiring disclosures for AI-generated content.</li></ul><p><strong>Additional Cases:</strong> Texas Lt. Gov. Dan Patrick (R) faced a criminal complaint from his Democratic opponent, state Rep. Vikki Goodwin, in September under Texas' deepfake election law.</p><ul><li>This law prohibits AI ads from airing within 30 days of an election if the intent is to influence the outcome. Goodwin contends that this should apply 30 days before early voting begins.</li><li>Patrick's campaign ran AI-generated attack ads that misrepresented Goodwin at a football game, later removing the ads and describing the video as "obvious parody."</li><li>North Carolina state Sen. Michael Lee (R) also received a cease-and-desist letter from his Democratic challenger, Jessica Bichler, in August regarding his use of AI-generated ads, as North Carolina lacks laws against AI in campaign ads.</li></ul><p><strong>Expert Opinions:</strong> Political experts indicate that AI deepfakes undermine trust in the political system, complicating voters' ability to discern candidates' true positions.</p><ul><li>According to UC Irvine epistemologist Cailin O'Connor, these ads can be persuasive even when viewers recognize them as fake.</li><li>They may also exacerbate broader declines in Americans' trust in government, institutions, and news media.</li></ul><p><strong>Conclusion:</strong> These legal challenges may be just the beginning, as affected candidates seek legal recourse to address what federal regulations do not currently cover.</p><p><strong>Further Reading:</strong> <a href="https://www.axios.com/2026/09/09/ai-political-ads-deepfakes-2026-elections" target="_blank">Welcome to the AI election where your eyes lie to you</a></p>