Class Action Injunction on Use of Deepfakes During Elections

In the context of the Argentine mid-term elections held on May 18, 2025 in the City of Buenos Aires, videos involving former president Mauricio Macri and politician Silvia Lospennato announcing the withdrawing of their candidacy to support a candidate from an opposing party, Manuel Adorni, were spread. However, it was later confirmed that these videos were deepfakes, that is, content generated using artificial intelligence and disseminated with the purpose of spreading misinformation.

Considering this precedent and the upcoming national mid-term elections, scheduled for October 26, 2025, Constitutional Law expert and attorney Andres Gil Dominguez filed a collective preventive electoral injunction. The purpose of the action is to adopt urgent measures to prevent and halt the dissemination of deepfakes, whether through voice or facial cloning of public figures.

According to the complaint, deepfakes pose a serious risk to the democratic system, as they can mislead voters, spread misinformation, hinder the verification of political positions, and undermine the legitimacy of leaders and parties. Additionally, their viral spreading prevents timely corrective responses, even if later debunked. The complaint also highlights that, because holding transparent and fair elections is a condition for the validity of democracy, public authorities have a duty to remove obstacles that may manifestly “undermine the fundamental and human right to freely choose representatives”.

The proposed measures to mitigate these risks include: 

1.    rapid removal of fake content,
2.    mandatory labeling of AI-generated content,
3.    sanctions against violators and malicious accounts,
4.    geographic blocking and cooperation with foreign platforms,
5.    preserving evidence and reporting the crime,
6.    transparency and public oversight,
7.    digital right of reply.

In this context, the collective injunction not only seeks to protect the integrity of the electoral process, but also aims to set a precedent regarding the responsibility of digital actors and the need for legal mechanisms to regulate the use of artificial intelligence in democratic contexts.