X Corp. Challenges Minnesota’s Deepfake Law
Minneapolis (AP) – X Corp., the social media platform owned by Elon Musk, is contesting the validity of a recently enacted Minnesota law that prohibits the use of deepfakes to influence elections or harm candidates. In a federal lawsuit filed this week, the company argues that the law violates First Amendment rights and is preempted by a federal statute from 1996 that shields social media platforms from liability for user-generated content.
X Corp. claims the law, while seemingly benign, could criminalize harmless election-related speech, such as satire, and hold platforms liable for moderating this speech. “Instead of defending democracy, this law would erode it,” stated the company.
The Minnesota law imposes significant penalties, including jail time, for distributing deepfake content intended to mislead voters within a specified timeframe surrounding elections. It defines deepfakes as AI-generated material so realistic that a reasonable person would mistakes it for the truth.
Democratic state Sen. Erin Maye Quade, who authored the law, criticized Musk’s lawsuit, asserting that it seeks to undermine regulations aimed at safeguarding electoral integrity. She pointed out Musk’s substantial financial influence on the upcoming election as a motive behind the challenge.
The Minnesota Attorney General’s office, tasked with defending state laws, is currently reviewing the lawsuit, asserting that deepfakes pose a growing threat to democracy. Meanwhile, another constitutional challenge to the law has been filed by local content creators, emphasizing the ongoing debate regarding the balance between free speech and electoral integrity.
Experts weigh in, suggesting that while deepfakes present an emerging concern, a ban could lead to excessive censorship, potentially stifling legitimate speech. “It would be wise to see concrete evidence of the harm caused by deepfakes before imposing such restrictions,” said University of Minnesota law professor Alan Rozenshtein.
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