Jun Bolivar
The National Citizens’ Movement for Free Elections (NAMFREL), an election watchdog in the Philippines opposes the proposed AI ban during elections, arguing that such a move could stifle technological innovation and limit the positive contributions of AI to electoral processes.
Artificial intelligence has become integral to various sectors, including electoral processes. Its potential to enhance efficiency and accuracy is well-recognized. However, recent global elections have highlighted concerns about the misuse of AI, particularly in creating deepfakes and spreading misinformation.
Incidents in Indonesia, Turkey, and South Korea exemplify these issues, leading to calls for regulatory measures. These incidents prompted the Commission on Elections (COMELEC) in the Philippines to consider a legislative ban on AI and deepfakes before the 2025 midterm elections.
NAMFREL’s stance against AI ban
In its position paper, NAMFREL outlines several reasons for their opposition: a ban might hinder the development and application of AI technologies that could improve electoral processes; rapid AI advancements could render regulations obsolete; regulating AI might infringe on freedom of speech and expression; and COMELEC may struggle to enforce a ban due to the need for specialized skills and expertise.
NAMFREL also quoted its National Chairperson Lito Averia saying that artificial intelligence has the potential to both empower and challenge democracy in various ways.
Ethical principles for AI use
Instead of a ban, NAMFREL recommends the establishment of a Code of Conduct based on ethical principles to guide AI use in elections. This recommendation emerged from a roundtable discussion held on June 26, 2024, at the University of Asia and the Pacific (UA&P), which included representatives from various sectors, including election monitoring organizations, the IT industry, AI experts, academia, and COMELEC officials. The proposed principles are transparency, respect for human rights, accountability, truthfulness, fairness and non-discrimination, and COMELEC oversight.
NAMFREL’s recommendations come in response to COMELEC Chair George Garcia’s warning about AI’s potential to exacerbate the spread of fake news and undermine election integrity. Garcia’s proposal to ban AI in the upcoming campaign season has sparked discussions with major tech companies like Meta (NASDAQ: META), Google (NASDAQ: GOOGL), Snapchat, TikTok, and Microsoft (NASDAQ: MSFT) about combating fake news.
Transparency
AI-generated election content, including political advertisements, should be clearly marked and disclosed, according to the election watchdog. This includes revealing funding sources, expenditures, AI technologies used, and data about target audiences. Social media platforms should also adhere to these transparency standards.
Respect for human rights
AI-generated content must respect individuals’ suffrage, digital, and privacy rights. While harmful AI use can be penalized, balancing this with free speech is essential. Mechanisms should be in place to address grievances related to AI-generated content and inform the public about potential rights violations.
Accountability
NAMFREL said candidates and political parties should register their intent to use AI in campaigns and be open to audits of their AI-generated content. Legal liabilities and penalties should apply to those responsible for creating and disseminating AI-generated content. Shared accountability is necessary due to the complexity of monitoring AI use.
Truthfulness
AI-generated content must maintain data integrity. Social media platforms should actively moderate election-related content to ensure accuracy. Candidates, political parties, and media outlets should support fact-checking efforts and provide transparent sources of information.
Fairness and non-discrimination
The election watchdog said AI-generated content should be reviewed to prevent discrimination based on race, gender, age, socio-economic status, religion, or other protected characteristics. Safeguards should be in place to detect and prevent biases in AI-generated content.
COMELEC oversight
Finally, NAMFREL wants COMELEC to establish a committee or task force to monitor AI use in election-related content, focusing on detecting misinformation, disinformation, and deepfakes. A reporting and complaint process should be implemented to regulate AI-generated election paraphernalia. COMELEC should also encourage self-regulation among candidates and political parties.
Philippines as ‘Patient Zero’
Experts have dubbed the Philippines as “Patient Zero” for digital disinformation due to the high internet usage among Filipinos. While AI’s association with misinformation is concerning, its potential to enhance electoral efficiency and accuracy should not be overlooked. AI-powered chatbots can provide real-time information about polling locations and candidate platforms, improving accessibility and transparency in elections. Additionally, AI can aid in managing extensive electoral data, enabling swift decision-making and trend analysis.
AI’s role in elections will become increasingly significant as it continues to evolve. Rather than imposing a ban, NAMFREL advocates for ethical guidelines to ensure AI’s responsible use while safeguarding electoral integrity. By fostering transparency, accountability, and fairness, AI can contribute positively to the democratic process without compromising individual rights or freedom of speech.
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