Comelec seeks to regulate AI, combat deepfakes in 2025 polls

MANILA — Commission on Elections (Comelec) Chairman George Erwin Garcia has kept his promise of ignoring allegations that a certain election official is in cahoots with Miru Systems Co. Ltd.

Garcia along with Commissioners Nelson Celis, Ernesto Ferdinand Maceda, and Rey Bulay and other Comelec officials led Thursday’s “AI and Philippine Elections Decoded” forum in UP Diliman, which was also attended by technology experts and election watchdogs.

Their main goal is come up with ways on how the Comelec could regulate, if not totally ban the use of artificial intelligence and “deepfakes.”

“The Comelec will push through with its guidelines, based on the outcome ng pagu-usapan dito. Kung yan ay maku-kuwestyon sa Korte Suprema…we are willing and ready to defend na the Comelec has the power, and we have the authority to regulate social media, kahit na paano on a limited sense. And at the same time, to punish those who will violate the rights of others,” Garcia said in an interview at the sidelines of the event.

The use of said technologies should be tackled alongside social media use which serve as the platform of digital materials, Garcia said.

Even the people who receive income from this medium who include influencers and content creators must also have a clear guidelines when it comes to their tax obligations, Garcia said.

He said all these must be included in a candidate’s submitted Statements of Contributions and Expenditures (SOCE).

“Hindi pwedeng talakayin ang AI, deepfake nang hindi tatalakayin ang issue ng social media... paano yung kumikita na social media influencers, paano yung gastos ng mga kandidato sa social media?... paano yung pagbabayad sa content creators, halimbawa? Eh papano kung 24 hours na running yung isang in-upload sa social media?” Garcia pointed out.

(You cannot tackle AI, deep fake without touching  social media. How about the income of social media influencers, the candidates’ expenses in social media, the payment of content creators for example? What if the post ran for 24 hours straight?)

Meanwhile, notable figures in the academe and election watchdogs underline the grave concern of having uncontrolled AI or deepfake use.

“The irresponsible and malicious use of AI-generated campaign material has the potential to sow misinformation, disinformation and deceit among voters and candidates,” UP College of Law Dean Darlene Marie Berberabe said.

“In terms of democracy and elections, probably, the most significant threat of artificial intelligence in elections is the advent of deep fakes,” said Michael Yard, Senior Election Tech Advisor of International Foundation for Electoral Systems (IFES)

TOWARDS A TRANSPARENT ELECTION PERIOD

The Comelec, Garcia stressed, wants to ensure a more transparent and honest elections, and part of that is to ensure that voters would be able to see and identify candidates with their own looks and not with the aid of technology.

Garcia said he will still have to consult technology experts if allowing a “disclaimer” stating that what voters see in candidate’s poster is not 100 percent accurate, will help control disinformation and misinformation in campaign materials.

Still, the best step to ensure truthfulness in every campaign material is not to allow AI use at all, Garcia said.

“Kung sisimulan nating payagan, papano mare-regulate ng Comelec yung lahat, kung meron kang kalahating milyong kandidato sa buong Pilipinas? So, hindi ba mas maganda na kung maari lang huwag na nating payagan? Sapagkat, deepfake nga eh... so parang kinukunsinti natin yung pamemeke,” Garcia said.

(If we will allow that (changes in the looks) how can the Comelec regulate if we have half a million candidates in the Philippines? Wouldn’t be better if we will not just allow it since that is deepfake?)

He said the Comelec lacks the manpower and resources to monitor the quality or content campaign materials.

In the absence of a possible law covering the same, a Comelec resolution would suffice to put more discipline in the campaigning style of candidates, he said.

“Sapagkat meron kaming tinatawag na rule-making power in the enforcement, administration of election laws. Kahit sa Fair Election Act, sinasabi rin na pu-pwede naming i-regulate yung ibang form of media, ibang form of information, and therefore, hindi naman pupwedeng maging inutil ang Commission on Elections,” the Comelec chief said.

Garcia underlined the need to have a specific law covering the specific issue so they would not be accused of overstepping on their power.

Their consultation with various groups will also serve as their main basis as to what kind of punishment erring candidates would face the moment they ignore the policy.