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Disclaimer missing on likely AI-generated Tom Tiffany campaign ad

4 months ago 64

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A December campaign ad for Wisconsin gubernatorial candidate Tom Tiffany contains irregularities that “point toward an AI-generated video,” according to Tomas Dodds, a UW-Madison expert in artificial intelligence technology. But the ad does not contain a disclaimer that generative artificial intelligence has been used to create the video, as is required by Wisconsin law.

Nick Ramos, executive director of the Wisconsin Democracy Campaign, after reviewing the video, says he “definitely” thinks it was generated with artificial intelligence technology. He says his organization may eventually file a complaint with the Wisconsin Ethics Commission because it does not contain a disclaimer.

The advertisement shows a mailman delivering an envelope with the words “400 YEAR PROPERTY TAX INCREASE” on it, a reference to Gov. Tony Evers’ controversial decision in 2023 to use his partial veto to extend property tax increase authorizations to school districts for 400 years. Tiffany has criticized that decision; at a Jan. 26 news conference, he promised to repeal the tax hike and freeze property taxes.

The ad contains visual anomalies indicative of AI-generated videos. Isthmus asked Dodds, director of UW-Madison’s Public Tech Media Lab, to examine the video for signs of AI. Dodds notes that, among other things, a mailbox in the video has rust in one shot but not another; the mailman’s sleeve has a crease in one shot but not another; and there’s snow on a door that’s supposed to be under a porch. See the photo gallery below for related images. 

“Gone are the days when people in AI-generated videos will have six fingers and eyes pointing in different directions,” says Dodds. “There are many inconsistencies that you can use to question this [video].”

Sen. Mark Spreitzer, who coauthored the state’s 2024 law requiring a disclaimer on AI-generated campaign material, confirms that the disclaimer requirement applies to all campaign ads, though he says he is “not a lawyer” and cannot speak to whether this particular ad was generated with AI.

“The AI disclaimer requirement applies whenever the regular ‘Paid for by…’ disclaimer applies, so if there is generative AI content in an ad, it would need to have a disclaimer for those sections of the ad,” says Spreitzer. “I see that the Tiffany campaign included a [payment] disclaimer on the video and that it clearly contains express advocacy supporting his run for governor.”

The law, passed with bipartisan support and signed by Gov. Tony Evers in 2024, requires that any advertisements meant to influence the outcome of an election must disclose audio or visuals created with artificial intelligence by clearly overlaying the message “This content generated by AI,” similar to requirements to disclose who paid for an advertisement.

The law authorizes the Wisconsin Ethics Commission to issue a maximum $1,000 fine for violations. It is unclear whether any complaints have been filed on this ad or any other. Daniel Carlton Jr., an administrator with the commission, says complaints are generally confidential and staff does not provide information on complaints unless they become public records, typically at the conclusion of an investigation.

Tiffany’s campaign did not respond to a request for comment.

There’s been widespread concern about how AI-generated content is affecting elections, particularly as artificial intelligence models become capable of producing more realistic images. New York City mayoral candidate Andrew Cuomo targeted frontrunner Zohran Mamdani with an AI-generated ad in the 2025 election. And Mike Collins, the Republican Congressman challenging Democrat Jon Ossoff in Georgia for his U.S. Senate seat, ran an advertisement that featured a photo-realistic likeness of Ossoff speaking to the camera and uttering words he never said.

“Our team is doing it just like the White House. Just like everybody else out there,” Collins said when asked about the advertisement by local television station WANF. The ad is legal under federal law and Georgia law. “You’re not going to stop technology. Just embrace it and go with it. It’s going to be the way you see things go from now on.”

AI technology likely saves campaigns money by eliminating the need for actors and film crews for live-action campaign videos. But Ramos says the proliferation of AI-generated ads and political content is concerning. Such content, he argues, makes it harder for voters to access trustworthy information and puts a burden on groups like his to identify disinformation.

“We already have an electorate that is confused by some of the videos and content that is being posted across social media,” says Ramos.

Despite the intent of the 2024 law, Ramos says the group hasn’t seen it tested in a meaningful way. He views Tiffany’s ad as a chance for that to change. “We need more opportunities to test out this law,” he says. “And I think this could very well be the test model.”

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