Viral Deepfake Ad Forces Legal and Political Reckoning Ahead of Spanish Vote

Voters in Spain are facing a new digital layer to their political discourse as an artificial intelligence generated video continues to circulate on social media. The clip, which mimics the voices and faces of prominent figures in the ruling Socialist Party, has reached nearly two million views within days of its release. This rapid spread has forced a national conversation about the boundaries of political advertising as the country prepares for general elections on 29 November.

The conservative People's Party released the spot on its official channels this week. The video uses deepfake technology to create scenarios where party figures admit to various transgressions. In one segment, an AI version of Begoña Gómez, the wife of Prime Minister Pedro Sánchez, discusses obtaining a university position linked to her husband's role. Another segment features a deepfake of former prime minister José Luis Rodríguez Zapatero speaking about hiding jewellery in a safe. Both individuals have denied any wrongdoing in the matters referenced.

Critics argue the presentation was deceptive. Óscar López, the minister for digital transformation, told broadcaster TVE that the party told people a colossal lie. He pointed out that the label indicating the video was AI-generated appeared in tiny, nearly transparent text at the bottom of the screen. López warned that viewers unfamiliar with the technology might easily mistake the imagery for reality.

Leire Díez, a former Socialist party member whose likeness was used in the video, filed a court complaint on Friday. She asked that the advert be removed immediately, citing defamation and digital identity theft. The video used her image to imply she worked to undermine the judiciary to benefit her former party.

Legal experts generally side with the opposition party. Nine legal professionals consulted by the newspaper El País agreed the video was likely not illegal because it was labelled as AI-generated and maintained a satirical tone. Íñigo Navarro, a former dean at Madrid's Comillas Pontifical University, noted that the context made it clear the figures were not actually speaking. 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 use of the official party account for the deepfake as regrettable. He stated that while both mainstream parties attack their rivals' morality, this specific video crossed a red line by putting words in other people's mouths. He categorized the practice as disinformation.

The People's Party has dismissed the backlash. Borja Sémper, a party figure, argued there is only a problem if there was malicious intent to make people believe the characters were real. He maintained that the video clearly uses digital tools to point out Socialist hypocrisy. Most current polls indicate the People's Party will win the upcoming election but will require support from the far-right Vox party to form a government.

The controversy in Spain mirrors trends in other democracies. In the United States, a Wesleyan University report identified more than 200 ads using AI ahead of the midterm elections. Erika Franklin Fowler, co-director of the Wesleyan Media Project, noted that much of the current use of AI in political ads carries no disclaimer, a trend she said was minimal in the 2024 cycle with less than $50,000 in spending on such content.