Spain’s AI election ad sparks legal fight

Spain’s general election is set for 29 November, and the campaign has already produced a controversy over the use of artificial intelligence in political advertising.

The conservative People’s Party released a video on its social media channels earlier this week. The clip uses deepfake technology to manipulate the likenesses of figures connected to Pedro Sánchez’s Socialist party. The video depicts them confessing to actions such as soliciting prostitutes and accepting kickbacks.

One segment features an AI-generated version of Begoña Gómez, the prime minister’s wife. In the clip, she discusses obtaining a university position due to her husband’s role. Another segment shows a deepfake of former prime minister José Luis Rodríguez Zapatero speaking about hiding jewelry in a safe. Both references point to ongoing investigations, though Gómez and Zapatero have denied any wrongdoing.

By Friday, the video had accumulated nearly 2 million views. Digital transformation minister Óscar López responded on broadcaster TVE, calling the clip a colossal lie. He noted that the AI label appeared in tiny, nearly transparent text at the bottom of the screen. He warned that viewers unfamiliar with the technology could easily mistake the footage for reality.

Leire Díez, a former Socialist party member whose image was used in the ad, filed a court complaint against the People’s Party on Friday. She requested the immediate removal of the advert. Her complaint alleged defamation and digital identity theft, citing the video’s implication that she worked to undermine the judiciary to benefit her former party.

Legal experts appear to favor the opposition party. Nine experts consulted by the newspaper El País agreed the video was likely not illegal because it was labeled as AI-generated and maintained a satirical tone. Íñigo Navarro, a former dean at Comillas Pontifical University in Madrid, argued that the context makes it clear the figures did not actually say those things. Juan Antonio Lascuraín, a criminal law professor at the Autonomous University of Madrid, distinguished between legality and ethical appropriateness.

José Javier Olivas, an associate professor at Spain’s National University for Distance Education, described the move as regrettable. He stated that using deepfakes on an official party account crosses a red line. He characterized the act of putting words in others’ mouths as a form of disinformation, noting that both major parties have been attacking rivals’ morality.

The issue is gaining attention in the United States ahead of its midterm elections. A report from Wesleyan University’s research group identified more than 200 AI-generated political ads, most associated with Republicans. Erika Franklin Fowler, co-director of the Wesleyan Media Project, noted that spending on such ads was under $50,000 in the 2024 cycle. She observed that much of the current usage lacks disclaimers.

The People’s Party has dismissed the criticism. Party figure Borja Sémper stated that a problem would exist only if there were malicious intent to deceive. He argued that the video clearly uses digital tools to highlight what he called Socialist hypocrisy. Most current polls suggest the People’s Party will win the election but will require support from the far-right Vox party to form a government.