U.S. states regulate AI-generated political deepfakes, but the laws have major gaps
The analysis shows that 31 U.S. states have laws against election deepfakes, but 28 of them only require a warning label about AI – which says nothing about the truthfulness of the content. Only three states (Maryland, Minnesota, Texas) ban them even with a warning.
An analysis by an AI policy scholar from the University of Denver, based on a June 2026 report by the National Conference of State Legislatures, shows the limits of current U.S. legislation against political deepfakes. According to the report, 31 U.S. states have a law addressing election deepfakes: 28 of them only require disclosure that the content was created using AI, while three states – Maryland, Minnesota, and Texas – directly ban certain types of such content even if it carries a warning.
Using the examples of Louisiana and Maryland, the author shows differing approaches. Since June 2026, Louisiana has required a warning on campaign ads created using AI, and since May 2026 also on robocalls imitating the voice of a public figure, but the law does not apply to candidates for federal office. A warning alone says nothing about the truthfulness of the content and does not exempt it from liability for other violations of the law – this is illustrated by a 2023 Republican National Committee ad against Joe Biden, labeled with an AI notice, which nevertheless remained in circulation. Maryland, on the other hand, has since May 2026 banned certain deceptive deepfakes even with a warning, if they are created with the intent to influence voting and cause actual or intended harm to a voter.
According to the source, regulation varies significantly among states and leaves legal gaps, for example due to exemptions for federal candidates or the vaguely defined concept of "harm." Legislators are grappling with a growing number of political deepfakes on the eve of the 2026 elections.
Why it matters
Differing rules among states and exemptions for federal candidates mean that the same type of manipulated video can be legal in one state with just a warning and banned in another. For voters, it is crucial to know that the "made with AI" label only guarantees transparency about the method of creation, not the truthfulness of the claims in the video.
Relevant practical impact
What this means
For individuals
A "made with AI" label on political content does not mean that the claims in the video are true – it is only information about the method of production, not fact-checking.
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