Regulación de contenido multimedia generado con Inteligencia Artificial (Deepfakes) que afectan la imagen de los candidatos de elección popular en un proceso electoral. - Posibles tipologías de infracción.

Abstract

In a world of technological advancement, artificial intelligence has improved human life, but its misuse has also been detrimental. In the context of elections, Ecuador's recent elections have seen the presence of AI-generated multimedia content. This content affects the personal and political image of elected candidates and, consequently, the principle of equal rights to political participation and the transparency of the electoral process. This paper exposes the lack of a specific electoral offense applicable to the case of deepfakes in the Ecuadorian legal system. Therefore, to determine a possible classification, the nature and structural elements of electoral offenses are investigated. Comparative law is also used with countries such as the United States of America (in the State of Texas), France, and Brazil, which have already developed or recognized deepfakes. A proposal for the classification of multimedia content generated with AI is included. For the prosecution of these offenses, the weakness of the procedure regarding reporting, investigation, evidence, and the protection of participation rights through precautionary measures has been noted. Using comparative law with Mexico and Colombia, reforms to the contentious procedure are recommended to make it more procedurally based, respect due process, and be fair.