Canada’s chief electoral officer, Stéphane Perrault, is proposing a ban on the misrepresentation of candidates and other key players in the electoral process through the manipulation of their voice or image without their consent. This change to the Canada Elections Act is part of a series of measures Perrault is putting forward to address the use of deepfakes and other artificially created content to deceive voters. These tactics have become a topic of public conversation in the United States, but are still relatively new and shocking in Canada. Perrault’s proposals are outlined in a report on protecting threats to the electoral process submitted to Parliament and a federal inquiry into foreign interference.

The advancement of artificial intelligence has made it easier to create synthetic images, video, and audio, allowing for the dissemination of false information and confusion among the public. Deepfake technology can involve replacing someone’s face in a video with that of a different person and manipulating their voice. Perrault’s report emphasizes that these deepfakes can threaten democracy and make it difficult for voters to discern what is real and what is fabricated. Foreign state actors could potentially leverage this technology to interfere with or undermine the electoral process, highlighting the importance of addressing this issue in legislation.

The current section of the elections law covering impersonation prohibits falsely representing oneself as a key figure in the electoral process with the intent to mislead. However, it does not explicitly address scenarios where individuals manipulate the voice or image of key players to create deepfakes. Perrault suggests expanding this provision to cover misrepresentation using voice or image manipulation, as well as making the relevant provisions applicable outside of an election period. He also advocates for amendments to address the spread of inaccurate information aimed at undermining trust in the election and its results, as this is a key objective of foreign interference that poses a significant threat to democracy.

While the current bill making its way through Parliament proposes changes to provisions on impersonation and misleading publications, Perrault argues that these adjustments do not adequately address the threat posed by deepfakes. He stresses the importance of outlawing false statements intended to disrupt the conduct of an election or undermine its legitimacy, particularly in the face of foreign interference. Perrault’s recommendations also include amendments to increase the transparency of communications about elections and enhance the integrity of political nomination and leadership contests, which would require fresh legislation to be considered by lawmakers.

In his efforts to combat the misuse of deepfakes and other forms of artificial manipulation in the electoral process, Perrault acknowledges the importance of allowing for open discourse and concerns about election integrity. However, he is adamant about the need to introduce measures to prevent the spread of false information that could undermine the legitimacy of an election. By proposing legislative changes to address the threat of deepfakes and enhance the transparency and integrity of the electoral process, Perrault aims to safeguard Canada’s democracy from foreign interference and deceptive practices that could undermine public trust in the electoral system.

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