Court Complaint: Deepfake Ad of Prime Minister's Wife

Leire Díez, a former member of the Socialist Party, filed a court complaint against Spain's People's Party (PP) on Friday, demanding the immediate removal of a political advertisement. The video, released this week on the PP's social media channels, uses artificial intelligence to manipulate the likenesses of several individuals connected to the ruling Socialists. Díez accused the conservative party of defamation and digital identity theft for using her image to suggest she worked to undermine the judiciary and law enforcement.

The advertisement has gained nearly 2 million views since its release. It features an AI-generated version of Begoña Gómez, the wife of Prime Minister Pedro Sánchez, speaking about securing a university position due to her husband's status. The clip also includes a deepfake of former Prime Minister José Luis Rodríguez Zapatero, who claims to have hidden jewelry in a safe. Both references align with ongoing investigations, though Gómez and Zapatero have both denied any wrongdoing.

Digital transformation minister Óscar López criticized the PP's decision to post the video on its official accounts. Speaking to broadcaster TVE, he described the content as a "colossal lie" and called the move "intolerable." López pointed out that the label identifying the video as AI-generated appeared in tiny, nearly transparent text at the bottom of the screen. He warned that viewers unfamiliar with the technology might easily mistake the footage for reality.

Legal experts consulted by the newspaper El País generally view the video as lawful. Eight of the nine specialists interviewed agreed the ad was not illegal because it was labeled as AI-generated and maintained a satirical tone. Íñigo Navarro, a former dean at Madrid's Comillas Pontifical University, argued that the context made it clear the figures did not actually say the lines. Juan Antonio Lascuraín, a criminal law professor at the Autonomous University of Madrid, noted that legality is distinct from questions of ethical or political appropriateness.

José Javier Olivas, an associate professor at Spain's National University for Distance Education, took a different view. He described the use of deepfakes by a party claiming to want to revitalise democracy as "regrettable." Olivas argued that the video crossed a "red line" by putting words in other people's mouths, a tactic he categorized as disinformation. He observed that both mainstream parties have been attacking their rivals' morality, but this specific instance intensified those tactics.

The issue is gaining traction in the United States ahead of next month's midterm elections. A report from the Wesleyan Media Project identified more than 200 ads using AI, most associated with 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 added that much of the current usage lacks a disclaimer, mirroring the criticism leveled at the Spanish advertisement.

The PP has dismissed the backlash. Party figure Borja Sémper stated that a problem would only exist if there were malicious intent to make the audience believe the characters were real. He maintained that viewers can clearly see the video uses digital tools to expose Socialist hypocrisy. Most current polls indicate the PP will win the election scheduled for 29 November, although the party will likely require support from the far-right Vox party to form a government.