Artificial intelligence in the election campaign: this is what Glarner is being threatened with for spreading Arslan’s fake video

“Criminal energy”

Should Arslan put up with this? Your colleagues in Parliament say: No. They are outraged by Glarner’s behavior. Beat Flach (58), lawyer and GLP State Councilor, tells Blick: “Anyone who uses AI to put false statements in the mouths of politicians has left the level of political debate and proves that they prefer to let criminal energy prevail as a democratic culture.”

Even Mitte President Gerhard Pfister (61) had joined X, formerly Twitter: “Legally and politically, in my opinion, he is on thin ice here,” he wrote.

Up to one year in prison

How does Martin Steiger, lawyer and specialist in data protection law, assess this? He also says that distributing fake videos without the consent of the people depicted can be criminally relevant. Swiss criminal law recognizes the crime of defamation and now also the abuse of identity.

“Anyone who uses the identity of a person without his consent to harm him or to gain an unlawful advantage shall be punished with a prison sentence of up to one year or a fine,” Steiger quotes from the law. In addition, so-called deepfakes can also be relevant under civil law. “Then the person concerned must file a lawsuit for violation of personality,” says Steiger.

It is unclear whether Arslan will take legal action against the video. She declined to comment on Blick.

Politics sets rules

The technology behind such so-called deepfakes is based on AI. Today it is easy to use even for laymen and now produces quite realistic results. Apps make it possible to create fake videos for little money – often all you need is a headshot.

The Swiss parties had therefore agreed on rules for dealing with artificial intelligence in election campaigns in the run-up to the elections. SP, Center, Greens, GLP and EPP had agreed on a code. According to this article, they refrain from using artificial intelligence for negative campaigns. The common people did not participate in this pact.

SPlerin also already relied on AI

The FDP – which ran in the current election campaign with an AI-generated poster with a climate sticker motif – has now imposed AI rules on itself. “Such a video would be incompatible with this,” FDP Secretary General Jon Fanzun told Blick. The FDP does not use AI-generated audiovisual content with the intention of misleading the public.

Gabriela Suter (50), candidate for the SP Council of States of Aargau, also recently published an AI-adapted video focusing on FDP President Thierry Burkart (48). After Burkart criticized the video as “misleading voters” and calling it a “direct attack on our democracy,” Suter removed the clip.