mk_cbn AI Photo Ban in Presidential and Legislative Campaigns

by Chief Editor

Judicial Win: Indonesia‘s Constitutional Court Approves Limited Use of AI in Election Campaigns

In a landmark decision, Indonesia’s Constitutional Court (MK) has partially granted a request to allow the use of Artificial Intelligence (AI) in campaign photos for upcoming parliamentary and presidential elections. The decision was announced during the Court’s Plenary Session on Thursday, February 2.

The MK, led by its Chief Justice, Suhartoyo, ruled in favor of the petitioner’s request for a partial approval. The Court asserted that the phrase ‘self-image’ (citra diri in Indonesian) pertaining to photos or images in Article 1 point 35 of the Election Law Number 7/2017 contradicts the 1945 Indonesian Constitution and lacks legal force unless interpreted as original photos or images.

According to the MK, AI-manipulated photos or images cannot be excessively used in election campaign paraphernalia for parliamentary and presidential elections.

The petitioner initially sought to amend Article 1 point 35 to read: "Campaigning in Elections is an activity carried out by Election Participants or their authorized parties to persuade the public with their vision, mission, programs, and/or ‘self-image’ (citra diri) in the form of candidate numbers, photos/images, voice clips, combinations of photos/images and voice clips, or any recent manipulated versions, provided that they do not use digital manipulation or AI technology, or at least require election participants to clearly state if the number, photo/image, or voice clip used is the result of digital manipulation or AI technology."

Advocated by Gugum Ridho Putra and the Advocates for Clean Elections (TAPP), the lawsuit was filed due to concern over potential misuse of AI in the 2024 election process.

This ruling accentuates the evolving role of technology in Indonesian politics and the necessity for balanced regulations to ensure fair elections. As AI continues to advance, its ethical use in political campaigns remains a pivotal topic, striking a balance between innovation and integrity.

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