Former President Donald Trump on Sunday posted a collection of memes on Truth Social, a platform owned by his media company, that make it seem as if Taylor Swift and her fans are endorsing Trump as a presidential candidate. But as new laws go into effect, the images could have deeper implications for the use of AI-generated images in political campaigns, especially when those images misrepresent celebrities.
“One of the things I'm seeing a lot in my practice right now is a general increase in AI impersonation for ad purposes,” intellectual property and entertainment attorney Noah Downs told TechCrunch, on the condition that his comments not constitute legal advice. These fake AI adverts have become so widespread that even “Shark Tank” had to release a PSA warning fans about the rampant scams of people impersonating investors on the show.
One of the photos Trump posted shows a group of young women wearing “Swifties for Trump” T-shirts. While Swift's fanbase is certainly large and politically diverse, the photos appear to be AI-generated; in fact, the images come from X's satirical posts.
Another meme posted by Trump was a screenshot of X dressed as Taylor Swift as Uncle Sam and declaring, “Taylor wants you to vote for Donald Trump.”
Image credit: Screenshot posted by Donald Trump on Truth Social
Pop icon Swift is yet to comment on the 2024 US presidential election but threw her support behind the Biden-Harris campaign in 2020, openly slamming Trump at the time. Some fans speculated that Swift may have subtly endorsed Harris in an Instagram post this month, but this is not true.
As one of the most influential figures in pop culture, Swift has been a victim of deepfakes. After explicit AI images of her, without her consent, went viral on X earlier this year, some lawmakers responded by introducing new legislation aimed at combating deepfakes. Even White House press secretary Karine Jean-Pierre called on Congress to take action.
Eight months later, the landscape of legal protections against misleading synthetic media is already shifting: In Tennessee, where Swift's corporate representatives are based, Governor Bill Lee signed the landmark Elvis Act in March, providing clear protections for artists against unauthorized imitation by AI.
“This bill was passed with bipartisan support because everyone seems to recognize the problems that the misuse of AI and AI tools poses to the public,” Downs said.
But because the Elvis Act is so new, there's no precedent for how it could be used to protect artists. Much of the bill's language focuses specifically on AI-generated audio that can mimic an artist's voice, like the Drake song that went viral that turned out to be a fake.
“I think this is going to be a long-term issue. Elvis's Act is proactively addressing this issue, but we need stronger national legislation on this issue,” Downs said. The only reason Elvis's Act could potentially affect Swift is because she has ties to the state and owns businesses and property in the state.
Avi D. Kaelin, a partner at the law firm PEM who specializes in political law, isn't optimistic about the possibility of Elvis's law being applied because it seems to relate to audio rather than image spoofing. Instead, he worries it could become a concern for the integrity of federal elections in the future.
“The bigger question is whether the FEC, which has jurisdiction over political communications, will get involved,” Kaelin told TechCrunch, but he said it's unlikely the FEC will issue new guidelines on AI-generated political communications this election cycle.
However, the Federal Communications Commission (FCC) announced that it is moving forward with plans to enact new AI transparency requirements for television and radio ads. However, it does not apply to social media posts by politicians running for government, and social media remains a key component of campaign communications. Meanwhile, a study by the Centre for Countering Digital Hate (CCDH), a UK non-profit focused on online extremism, found that the amount of AI-generated disinformation in X has increased by an average of 130% per month over the past year.
These insincere endorsements are a big problem because a Swift endorsement is the most coveted celebrity endorsement a politician can get. Her cultural influence is so great that her support for a candidate could make the difference between winning or losing a close election. According to Morning Consult, more than half of U.S. adults self-identify as Taylor Swift fans, and 16% self-identify as die-hard fans. These numbers are staggering, considering that only about two-thirds of eligible Americans voted in the 2020 election.
” [ELVIS Act] “This is something entirely new, and the exact parameters will need to be developed by the courts,” Krein said. “This will certainly be an interesting test case!”