Hogan Lovells examines AI’s impact on electoral integrity

Global law firm Hogan Lovells has released a report investigating whether states bound by the European Convention on Human Rights (ECHR) have a duty to safeguard their electoral systems against potential misuse of generative AI. The study was conducted in partnership with the cross-party think tank Demos and focuses on the implications of deepfakes and other AI-enabled disinformation on free and fair elections.

The report, spearheaded by Partner Charles Brasted and supported by associates Fraser Eccles and Haylea Campbell, trainees Cara Nicholson and Elmina Marriot, and International Pro Bono Partner Yasmin Waljee OBE, highlights key findings on the evolving legal landscape.

Key Insights:

1. Current Legal Obligations: At present, Article 3 Protocol 1 of the ECHR does not impose explicit positive obligations on states to address generative AI-driven misinformation. However, the ECHR’s status as a “living document” allows for potential legal evolution in this area.
2. Permissible State Interventions: The ECHR permits states to act against disinformation, provided these actions respect other rights, such as freedom of expression.
3. Future Litigation Challenges: Even if courts recognise a positive obligation to protect electoral integrity, proving a state’s failure to meet this obligation could pose significant legal challenges.

Charles Brasted commented: “It has been a pleasure to collaborate with Demos on this timely report. Following a year in which almost half the world’s population went to the polls, and as the development of AI technology has continued to accelerate, this is a good opportunity to take stock of the law in this space and where it might develop in the future.”

The report underscores the growing importance of safeguarding democratic processes as generative AI reshapes the information landscape. It offers a foundation for future discussions on aligning legal frameworks with technological advancements while preserving fundamental rights.