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Spain Election: AI Ad Draws Legal Challenge

A deepfake video featuring the prime minister's wife reached nearly two million views before a court complaint was filed.

By Priya Marino ·

Illustration for: Spain Election: AI Ad Draws Legal Challenge
Illustration generated for this article, not a news photograph.

Spain's People's Party released a political advertisement on social media this week that uses artificial intelligence to simulate the speech and appearance of figures associated with the governing Socialist Party. The video, which went live on the party's official channels, features deepfake likenesses of Pedro Sánchez's wife, Begoña Gómez, and former Prime Minister José Luis Rodríguez Zapatero. In the clip, the simulated figures describe accepting university posts and hiding jewelry, referencing ongoing investigations into both individuals. By Friday, the video had accumulated nearly two million views.

Leire Díez, a former member of the Socialist Party whose likeness appears in the video, filed a court complaint against the People's Party on Friday. She requested the immediate removal of the advertisement, citing defamation and the theft of her digital identity. The video uses her image to suggest she worked to weaken the judiciary and law enforcement for the benefit of the Socialists. The complaint marks the first legal challenge to an AI-generated political spot in the current Spanish election cycle.

Óscar López, Spain's digital transformation minister, criticized the party's use of the video on official accounts during an appearance on broadcaster TVE. He described the clip as a colossal lie and noted that the label indicating the use of AI was positioned at the bottom of the screen in text that was nearly transparent. López warned that viewers unfamiliar with generative technology could easily mistake the simulation for reality, despite the small disclaimer.

Legal experts generally support the People's Party's position. Nine legal specialists consulted by El País agreed that the video is likely not illegal because it is labeled as AI-generated and maintains a satirical tone. Íñigo Navarro, a former dean at Madrid's Comillas Pontifical University, stated that the context makes it clear to viewers that the individuals did not actually say the lines. Juan Antonio Lascuraín, a criminal law professor at the Autonomous University of Madrid, distinguished between the video's legality and its political appropriateness.

Borja Sémper, a figure within the People's Party, dismissed the criticism by arguing that malicious intent was required to create a legal issue. He stated that the video clearly uses digital tools to illustrate Socialist hypocrisy, making the artificial nature of the spot apparent to the public. The party maintains that the advertisement serves to highlight perceived contradictions within the opposition's conduct.

The controversy mirrors trends observed in the United States ahead of its November midterm elections. A report from the Wesleyan Media Project identified more than 200 advertisements using AI, with the majority linked to Republican candidates. Erika Franklin Fowler, co-director of the project, noted that spending on AI-generated ads in the 2024 cycle was under $50,000. She observed that a large portion of current AI usage lacks disclaimers, a practice that contrasts with the Spanish video's small but present label.

Polls indicate the People's Party is likely to win the general election scheduled for November 29. However, most projections suggest the party will require support from the far-right Vox party to form a governing majority. The debate over the advertisement has intensified discussions regarding the role of artificial intelligence in political messaging as the election date approaches.

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