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Misinformation and disinformation have been circulating via social media and causing a scourge in local and national elections, but now there’s a new twist: Artificial Intelligence and deepfake videos and audio.

In response, state Rep. Trisha La Chica introduced which would require the disclosure of election materials before the vote that are “deceptive and fraudulent deepfakes of a candidate or party.”

“The rising threat of deepfakes is just something we need to address with a sense of urgency,” says La Chica. “It’s a big election year. It’s a presidential year, and it’s really to safeguard the integrity of our elections, especially in Hawaii.”

According to HB 1776, there is legislation enacted in California, Michigan, Minnesota, Texas Washington, and Wisconsin to prevent the spread of misinformation via political deepfakes.

La Chica’s bill doesn’t explicitly prohibit the use of artificial intelligence or deepfakes, but it has “strict disclosure requirements,” she said. “I think it’s really up to us, the younger generation, to educate the aunties and uncles about these types of things because they don’t even know what deepfakes are, right?”

HB 1766 defines deepfakes as “any form of media that has been altered and manipulated to misrepresent someone, typically in a way that shows the person saying something that was never said.”

The House Judiciary and Hawaiian Affairs Committee recommended that the measure be passed with amendments on Feb. 7.

Two other bills that have been introduced this legislative session would restrict the distribution of falsified information through deepfakes in a bid to protect the integrity of local elections.

would ban someone from “distributing, or entering into an agreement with another person to distribute, materially deceptive media unless the media contains a disclaimer.” The bill also would create a petty misdemeanor for those who violate it.

State Sen. Karl Rhoads introduced both SB 2687 , a companion bill to HB 1766, calling the measures “an important first step.” 

The Senate Judiciary Committee deferred SB 2396 on Feb. 9. The same committee with amendments on Feb. 15. 

Rhoads noted the bills may not be “all that useful” five years from now, “but I think we’ve got to try to respond to the technologies as they roll out.” 

Local legislators are understandably concerned as it’s “a very new and frightening technology,” said Ryan Ozawa, emerging technology editor for Decrypt, .

But the bills, as written, are “a little ridiculous, in the sense that I believe the action that is being performed, which is impersonating another person, is already a crime.” 

“It’s like passing a bill that says it’s illegal to stab someone in the eye with a fork,” Ozawa said. “And that’s great. But why a fork? And why their eye? Are we concerned about causing physical harm to somebody? Then maybe that should be the crime, like, don’t hurt people, rather than limiting it to how they hurt people?” 

When asked if he knew of any artificial intelligence or deepfakes being used for misinformation or political messaging in Hawaii, Ozawa said, “I’m certain they exist. But I am not familiar with any and certainly none have gotten viral to the point where it’s affected an election or aided by the news.”  

With a 2024 presidential election on the radar, the use of artificial intelligence and deepfakes “can be extremely powerful and extremely dangerous in politics,” said Colin Moore, an associate professor at the University of Hawaii Manoa.

“This is such a new technology,” with little regulation, Moore said.

“I think these bills are trying to  begin that process of regulating this new and very powerful tool of communication,” he added.