MK Has Decided That Election Campaigns Cannot Use Photos Generated By "Artificial Intelligence."

The Constitutional Court has partially accepted the lawsuit in case number 166/PUU-XXI/2023. This lawsuit concerns Article 1, number 35 of Law Number 7 of 2017 about elections, which relates to self-image in election campaigns. In its ruling, the Court stated that photos or images used for election campaigns must not be excessively manipulated, including those created using artificial intelligence (AI). "The phrase 'self-image' related to photos/images in Article 1, number 35 of Law Number 7 of 2017 about Elections is contrary to the 1945 Constitution of the Republic of Indonesia and has no binding legal force unless it is understood as 'original and recent photos/images of oneself that are not excessively altered with the help of artificial intelligence technology,'" said Chief Justice Suhartoyo while reading the decision on Thursday (January 2, 2025). In the considerations of the ruling, Constitutional Judge Arief Hidayat mentioned that excessive photo manipulation contradicts the principles of direct, general, free, secret, honest, and fair elections. "Consistently presenting photos/images of election participants according to their real condition is also a manifestation of the principle of honesty, which is one of the foundations of election administration," he stated. Therefore, the Court believes that the meaning of the phrase "self-image," which lacks clear boundaries as outlined in Article 1, number 35 of Law 7/2017, should provide a clear understanding since it will serve as a reference for other normative provisions in Law Number 7 of 2017.

This is due to the potential for multiple interpretations or confusion, which could lead to practices where election participants present a manipulated image of themselves. This can affect voters who may not choose according to their true feelings, he stated. An attorney named Gugum Ridho Putra filed this matter in January 2024. In his lawsuit, Gugum proposed changes to at least two articles of Law Number 7 of 2017 on Elections regarding "the self-image of election participants," specifically Articles 28F and 22E Paragraph (1) of the 1945 Constitution. In Article 1, number 35 of the Election Law, the Constitutional Court is asked to interpret campaigning so that the self-image of election participants is free from digital manipulation or artificial intelligence (AI) technology. If these two methods are used, election participants must clearly indicate that AI and digital manipulation were involved in creating their self-image.

Tag: Arief Hidayat Artificial Intelligence Suhartoyo