On Sunday, former President Donald Trump shared a series of memes on Truth Social, his media company’s platform, which seemed to show Taylor Swift and her supporters endorsing his presidential candidacy. With new laws coming into effect, these AI-generated images could raise significant legal concerns regarding their use in political campaigns, particularly when they misrepresent a celebrity’s likeness.
Noah Downs, an intellectual property and entertainment lawyer, has noted a significant increase in AI-generated endorsements. These AI impersonations have become so pervasive that even “Shark Tank” issued a public service announcement about scams impersonating the show’s investors. Downs shared his observations, clarifying that his comments do not constitute legal advice.
Among the images posted by Trump, one shows a group of young women wearing “Swifties for Trump” t-shirts. While there is political diversity among Swift’s large fan base, these images appear to be AI-generated, originating from a satirical post on X (formerly Twitter). Another meme shows Swift depicted as Uncle Sam, urging voters to support Trump.
Swift’s Political Stance and AI Misuse
Although Taylor Swift has not publicly addressed the 2024 presidential election, she supported the Biden-Harris campaign in 2020 and criticized Trump at that time. Recently, some fans speculated that Swift had subtly endorsed Harris through an Instagram post, but this was unverified.
Swift, a major pop culture figure, has faced deepfakes and non-consensual explicit AI images, prompting legislative responses. When such deepfakes went viral on X earlier this year, lawmakers proposed bills to protect individuals from misleading synthetic media. White House Press Secretary Karine Jean-Pierre also urged Congress to act.
The legal landscape for AI-generated content has shifted with the introduction of the ELVIS Act in Tennessee. Signed into law by Governor Bill Lee in March, this act offers explicit protections against unauthorized AI imitations of an artist’s work. Downs pointed out that the bipartisan support for this legislation highlights widespread recognition of the issues posed by AI misuse.
However, the ELVIS Act is relatively new, and its application to cases involving AI-generated images is uncharted. The law primarily addresses AI-generated audio, such as the viral fake Drake song. Downs suggests that while the ELVIS Act is a step forward, more comprehensive national legislation is needed. The act’s relevance may be limited to Swift’s connection to Tennessee, where she holds business and real estate assets.
Federal Oversight and Future Concerns
Avi D. Kelin, a partner at PEM Law specializing in political law, is skeptical about the ELVIS Act’s applicability to image-based impersonation. He speculates that this issue might become a federal election integrity concern in the future. However, he doubts that the Federal Election Commission (FEC) will implement new guidelines on AI-generated political communications for the current election cycle.
The Federal Communications Commission (FCC) is advancing plans to introduce AI transparency requirements for TV and radio ads. However, these requirements do not extend to social media posts by politicians, which remain crucial for campaign communications. Research by the Center for Countering Digital Hate (CCDH) has shown a significant increase in AI-generated disinformation on X over the past year.
Misleading endorsements are particularly impactful because Swift’s support is highly coveted. Her immense cultural influence could potentially sway election outcomes. According to Morning Consult, over half of U.S. adults consider themselves fans of Taylor Swift, with 16% identifying as avid fans. This is noteworthy considering that only about two-thirds of eligible Americans voted in the 2020 election.
Kelin concludes that the ELVIS Act is still in its early stages, and its exact parameters will need judicial interpretation. The current situation presents a unique test case for the legislation’s effectiveness.
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