BEATRICE – The introduction of artificial intelligence has opened a whole new world of possibilities, but with it…comes some pitfalls. One of those, according to a Nebraska State Senator, is in the area of political campaigns.


Senator John Cavanaugh has introduced a bill to regulate use of artificial intelligence in media and political ads, under the Nebraska Political Accountability and Disclosure Act.  "Why is this bill necessary? The answer lies in the increasing prevalence of materially-deceptive content that can sway opinions, distort facts and mislead the public. As A-I becomes more sophisticated, it can generate more convincing audio, video and written material that blurs the line between reality and fabrication." 


LB 1203 was subject to a hearing in the Government, Military and Veterans Affairs Committee on Wednesday. It would require disclosure of the use of A.I. in campaign material. Cavanaugh admits his bill is as much about starting a conversation… than rushing to approve a policy.


"I recognize that there's just not enough time left in this session to truly address all of these issues...and even if there was, the election would be well underway by the time a bill like this would become law. This is a problem that we need to address sooner, rather than later. I'm also considering an interim study on the subject."


Committee member, Senator Danielle Conrad expressed concern about First Amendment free speech rights that could be affected through an A.I. policy….and said the state should proceed carefully on the topic.  Heidi Uhing is Public Policy Director for Civic Nebraska and supports LB 1203.


"It's no surprise to anyone here that our media landscape has been flooded for the past several years with falsehoods about elections, creating a landscape that can make it difficult for some voters to determine good information, from bad. Very recently, we have seen swift advances in the capacity of content creation tools that exacerbate this problem immensely. Media can now be created very simply, and very cheaply that depicts a person's likeness or voice so accurately, that someone cannot distinguish whether or not it is real."


Uhing says the electorate has come to expect half-truths and attack ads in politics. She says other states are dealing with policies on deep fakes and synthetic media…and manipulation of what candidates said or did not say.


Executive Director of the Nebraska Broadcasters Association, Jim Timm spoke in support of Cavanaugh’s bill, but with one cautionary note. "It's critical that some kind of law with guidelines or guardrails is enacted. to ensure responsible A-I use. However, in several states across the country, the broadcasting community has seen a concerning trend toward overly broad A-I legislation...that fails to accurately define who's responsible and liable for A-I--generated content in political advertising. To be clear, it's the advertiser and not the broadcaster, who's responsible."


Timm says broadcasters are prohibited from censoring or rejecting political ads that are paid for or sponsored by legally qualified candidates.


David Hunter, Executive Director of the Nebraska Accountability and Disclosure Commission….says the body has taken a stance against LB 1203…and casts some doubt on enforceability.  "Under the bill, the Nebraska Accountability and Disclosure Commission would be required to respond to complaints that false representations are being made about a candidate. We do not currently perform such an analysis. In order to do so, we arguably would be trying to regulate free speech in the political campaign arena. The NADC is not tasked with trying to judge the truth, or falsity of claims made in the heat of a campaign."


Senator John Cavanaugh said he shares concerns about censorship. But he notes there’s a balancing with the public’s right to know when campaign messages are simply untrue or misleading.


Government Committee Chairman, Senator Tom Brewer says a joint study of the issue between the Government and Judiciary Committees is a step being studied, toward building an A.I. policy.