Third-party AI content doesn't violate municipal election rules. Should that change?

Municipal election campaigns are underway across Ontario, and artificial intelligence is already being used to engage voters and shape public opinion. But has legislation kept pace with the rapid advances in technology?

In London, Ward 4 Coun. Susan Stevenson announced her candidacy for mayor on May 11. Soon after, a Facebook account appeared under the name Sue "The Ghoul" Stevenson.

The account, which includes a disclaimer identifying it as satire, has been posting near-daily AI-generated campaign ads using Stevenson's image. The posts criticize her positions on harm reduction strategies, including safe supply and supervised consumption, as well as issues related to homelessness.

Stevenson said she is aware of the page but has not closely followed its content.

"People are gonna say what they're gonna say," Stevenson said. "I heard a comment that said, 'You're a nobody until somebody creates a fake account about you.'"

The page does not appear to violate municipal election rules, including regulations around third-party advertising, largely because the content is posted on social media and does not involve paid advertising.

Ontario's Municipal Elections Act currently lacks a comprehensive framework to regulate the use of AI, deepfakes and other emerging digital campaign tools, according to Andrea Lawlor, a professor of political science and public policy at McMaster University.

"It's certainly becoming evident that AI tools are now widely available for anyone to manipulate elections, advertise content, or create information that is either not verifiable or that is verifiably false, and distribute it quite widely and quite quickly," she said.

While content like the "Sue the Ghoul" posts may not fit the current legal definition of advertising, Lawlor said such material can still influence voters, even if people only glance at it briefly online.

She expects AI-generated political content to become more common during this municipal election season, from both individual social media users and groups seeking to spread misinformation or disinformation.

"Again, we're operating in a legislative environment that doesn't yet provide a clear framework for how to deal with these technologies," she said. "What's in bounds, what's out of bounds, what an individual candidate can do versus what voters can do.

"I think that framework is coming, because I don't think legislators can let this go for too long."

Since being elected to city council in 2022, Stevenson has been a vocal critic of the city's response to homelessness and drug use in the downtown core.

Her criticism of city spending and homelessness policies has also drawn backlash and led to several integrity commissioner complaints during her term.

Stevenson said the type of content posted by "Sue the Ghoul" and how easily it can now be created with AI could discourage people from seeking public office.

"There are a lot of people who would not want to be publicly smeared the way that I have," she said.

Matthew Smith, who created the account, works in the tech industry and regularly uses AI tools. He said the page is intended to encourage political engagement and prompt voters to learn more about candidates.

"When you're running for office, when you're a public figure, you are opening yourself to criticism, valid criticism," he said. "The page is identified as satire. I am not pretending to be Susan Stevenson. This is 'Sue the Ghoul Stevenson.'"

Smith said he is more concerned about AI being used in less transparent ways to manipulate public opinion on issues such as drug use, homelessness and immigration.

"You can look at the stuff I'm posting, and it's clearly AI," he said. "I'm not hiding from it. I'm not trying to convince anyone. But there are those actors out there that are doing that, and that's what we really need to be afraid of."