January 2, 2025 | 09:24 pm
TEMPO.CO, Jakarta - The Constitutional Court on Thursday, January 2, 2025, ruled against the use of photos excessively manipulated through artificial intelligence (AI) during election campaign period.
Chief Justice Suhartoyo read out the verdict for case number 166/PUU-XXI/2023 submitted by an advocacy team for elections, TAPP: “The court partially granted the petitioner’s request.”
The court ruled in favor of the petition on Article 1 number 35 of General Elections Law No. 7 of 2017, which reads as follows: “Electoral Campaign is the activity by Election Contestants or other parties appointed by Election Contestants to persuade voters to vote a certain way by advertising a particular Election Contestant’s vision, mission, platforms, and/or self-image.”
In its consideration, the Constitutional Court said the phrase “self-image” relating to photographs or images provided in the article is contrary to the 1945 Constitution and has no binding legal force, “as long as it is not interpreted as “original and up-to-date photos or images of themselves without being excessively doctored or manipulated with the help of artificial intelligence,” said chief justice Suhartoyo.
Constitutional Justice Arif Hidayat, who also read out the verdict, said that the challenged provision does not provide strict limits on the phrase “self-image,” leading to possible multiple interpretations and the opportunity for AI-manipulated photos used by election candidates that can influence voters.
Deputy Constitutional Justice Saldi Isra said AI-manipulated photos of election candidates create legal uncertainty and deviate from the free election principle.
False information generated by excessive image manipulation through artificial intelligence, he said, can damage voters' ability to make quality decisions.
“So, excessive image manipulation through AI is not only detrimental to individual voters but also damages the quality of democracy,” he said.
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