GENERATIVE ARTIFICIAL INTELLIGENCE AND ELECTION CAMPAIGNING: CHALLENGES AND PROSPECTS FOR LEGAL REGULATION

Abstract

Introduction. The rapid development of generative artificial intelligence is significantly transforming contemporary electoral campaigns by creating new opportunities for political communication, automated content generation, and voter engagement. At the same time, the proliferation of technologies capable of generating texts, images, audio, and video content gives rise to new risks for the exercise of electoral rights and the integrity of electoral processes. Particular concern arises from the use of deceptive election content generated through artificial intelligence technologies. The relevance of this study stems from the absence of a specific legal framework governing the use of artificial intelligence in election campaigning in Ukraine and the need to prepare national legislation for future post-war elections in accordance with European standards of digital democracy.

Purpose. The purpose of this article is to examine the impact of generative artificial intelligence on election campaigning, analyse international approaches to regulating its use in the electoral sphere, and develop proposals for improving Ukrainian electoral legislation.

Materials and methods. The research is based on European legal instruments, soft-law documents, industry standards, and scholarly publications addressing the regulation of artificial intelligence and the protection of electoral processes from digital threats. The empirical basis of the study consists of case studies concerning the use of generative artificial intelligence during electoral campaigns in Slovakia, Romania, France, the United States, Bangladesh, and Argentina in 2023-2024. Comparative legal, systemic, and causal research methods were employed.

Results. The study confirms the existence of documented cases in which synthetic content was used to discredit political opponents, disseminate disinformation, and undermine public trust in electoral procedures. It was established that the contemporary international regulatory framework is based on a combination of hard-law mechanisms, soft-law instruments, and self-regulatory measures adopted by digital platforms. The article substantiates the need to incorporate into Ukrainian legislation the concept of deceptive election content generated through generative artificial intelligence, to introduce mandatory labelling of election-related content created or modified using artificial intelligence technologies, to establish special procedures for its detection and verification, and to provide for legal liability for the intentional dissemination of such content during electoral campaigns. The necessity of developing an interinstitutional system for monitoring artificial intelligence-related risks in elections and enhancing citizens’ media literacy is also demonstrated.

Prospects. Promising directions for future research include the development of a specialised legal regime governing the use of generative artificial intelligence in electoral processes, the establishment of criteria for distinguishing legitimate uses of artificial intelligence technologies from manipulative practices, and the examination of mechanisms for balancing the protection of electoral rights, freedom of expression, and the development of innovative digital technologies within the framework of digital democracy.