Title page 1

Contents 1

Introduction 1

1. What is the context for the Representation of the People Bill, false statements, and deepfakes? 2

2. Which laws could protect MPs and candidates against the spread of false statements and deep fakes? 3

2.1. What laws protect MPs and candidates against false statements? 3

2.2. What laws could protect MPs and candidates against deepfakes and AI generated content? 6

3. What are the gaps, ambiguities, and challenges for applying these laws? 8

3.1. Challenges for applying the RPA Section 106 8

3.2. Challenges for applying the EA Section 8 9

3.3. Ambiguities surrounding non-priority offences in the OSA 9

3.4. Gaps in the OSA False Communications Offence 10

3.5. Consequences for a timely response to election information incidents 10

4. How are false statements different from legitimate criticism of MPs and candidates? 11

5. What can be done? 12

5.1. New guidance 12

5.2. New Codes from Ofcom and the Electoral Commission 12

5.3. Principles on the use of generative AI for political campaigning 13

5.4. Broader regulation to address AI risks 13

5.5. Address the evidence gap 14