Namfrel opposes ban on AI for elections

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POLL watchdog group National Citizens’ Movement for Free Elections (Namfrel) has opposed the Commission on Elections’ proposed ban on the use of artificial intelligence (AI) in elections.

In a position paper on Tuesday, Namfrel said that despite issues surrounding AI, particularly deepfakes in the recent elections in South Korea and Indonesia, the poll watchdog said AI is “here to stay.”

Last May, Comelec Chairman George Garcia proposed a ban on AI and the use of deepfakes campaign materials for the 2025 national and local elections.

But Namfrel warned that the ban “[might] curtail technological innovation and inadvertently limit the benefits of AI in enhancing electoral processes.”

Further, it argued that AI technologies are “rapidly evolving,” making regulations against them ineffective.

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Moreover, Namfrel said that banning AI could infringe on freedom of speech and expression and that the Comelec “may face challenges in enforcing a law banning AI or regulating it as it requires expertise and a new set of skills to implement and enforce the law.”

Namfrel recommended to the Comelec, during a roundtable discussion on June 26 at the University of Asia and the Pacific, to draft a Code of Conduct that will embody six ethical principles that all election stakeholders will adhere to.

The six principles that the Namfrel laid out to the Comelec are transparency, respect for human rights, accountability, truthfulness, fairness and non-discrimination, and oversight by the Comelec itself.

“The use of AI in the generation of election-related content, including political advertisement, must be disclosed and such election-related content material appropriately marked,” Namfrel said.

“The disclosure must include funding sources, expenditures, AI technology used, data about the target audience and the source of such data. Transparency should extend across the AI ecosystem, from content creation to audience targeting, with social media platforms actively participating and adhering to a Code of Conduct,” it added.

Under the principle of human rights, Namfrel said AI-generated content “must not infringe on the suffrage, digital, and privacy rights of individuals.”

“While harmful AI use may be penalized, a balance with free speech is essential, supported by mechanisms to address AI grievances promptly and inform people about potential rights violations by AI-generated content,” Namfrel added

While under accountability, the Namfrel urged candidates and political parties to register their intention to use AI in their campaigns and be open to auditing their content while also explaining that they have to be accountable for the use of their content.

The election watchdog also wanted AI-generated content to “uphold data integrity,” as social media actively moderates election-related content.

“AI-generated content must be subject to review to detect discrimination based on race, gender, age, socio-economic status, religion, or other protected characteristics, with safeguards in place to prevent such biases,” it said.

Namfrel suggested that the Comelec could establish a committee or task force to monitor AI use, especially in political advertising, “with focus on detecting misinformation, disinformation, and deepfakes.”

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