artificial intelligence, photo editing… Can candidates do what they want on their poster?

The law does not prohibit the use of artificial intelligence in absolute terms, but it could constitute an offense if the courts consider that the voter was misled.

Less than two months before the European elections on June 9, the candidates are continuing their invitations to the stages and communications operations. Juliette de Causans, president of the small Europe Equality Ecology party, published her campaign poster on X, for the Ecology at the center list, Friday April 12. Internet users accused her of retouching her photo using artificial intelligence (AI).

It is with pleasure that I announce to you that @EEE_parti #EuropeTogether including myself, join the list #Ecologieaucentre conducted by @JM_Governatori. The only centrist environmentalist list including a complete program on#AI. I have the honor of being included in an eligible position. pic.twitter.com/QI6iUdoAxa

— 🇪🇺 Juliette de Causans (@JulietteCausans) April 12, 2024

Juliette de Causans took responsibility for these modifications with the newspaper The Parisian. “In this photo, there are things that have been removed, but nothing has been added, she assures. It has been retouched on the stomach, we have added makeup, the skin texture has been standardized. But afterwards, the features were not modified as such, whether on the face or the chest for example.”

The candidate justifies her action by the desire to carry “a message” on the rise of technologies and their place in “our society”. During the 2023 legislative elections, Juliette de Causans had already retouched the photo appearing on her campaign poster. If it fully accepts the modification, no mention of the use of artificial intelligence appears on the posters.

No obligation to mention possible retouching

Like all elements of a campaign, official posters are subject to detailed rules in the electoral code. It is therefore prohibited to include the French flag or the three colors blue, white and red juxtaposed, unless these appear on the party logo.

Posters may only be printed on white paper if they contain colored characters or illustrations. The name of the candidate, the political party or movement and the campaign slogan must appear on the poster. The size of the support, 59.4 by 84.1 cm, is also regulated.

But no law requires candidates to mention that AI was used to modify their campaign poster. “The mentions and content of the posters are not controlled”assures franceinfo Romain Rambaud, specialist in electoral law. “No provision of the electoral code provides for compulsory information to appear on posters”, he adds. According to the law, candidates can therefore freely retouch their posters, with or without artificial intelligence. “There is, to my knowledge, no obligation to indicate retouching by Photoshop or the use of AI in the strict sense”notes the specialist.

The candidate may be sanctioned if he uses AI to misinform

In a decision rendered on October 27, 2023, the Constitutional Council also clarifies the use of retouched photos on electoral materials: these are considered acceptable as long as they are not likely to mislead the voter. “Excessive editing can lead to an inaccurate representation of the candidate, which could be perceived as misleading by the electorate”details lawyer Antoine Chéron, interviewed by franceinfo.

The candidate may also be sanctioned if he misinforms through AI. “In the event that the use of AI is misleading, there is a criminal offense for fake news”, notes Romain Rambaud. Article L97 of the electoral code thus punishes the dissemination of false information with a fine of 15,000 euros. “However, it is unlikely that this would apply to simple alterations concerning the physical appearance of a candidate, even if these were carried out using AI,” However, warns Antoine Chéron. According to Romain Rambaud, it is therefore “highly improbable” that Juliette de Causans be brought to justice.

No obligation to include your face

Other rules are added to those dictated by the electoral code. This is the case for wearing a military uniform, which is prohibited “on the occasion of any activity or demonstration of a union or political nature”, according to the decree of December 14, 2007. A rule seemingly forgotten by the Republicans, who did not hesitate to present General Christophe Gomart, number three on their list for the Europeans, in military uniform on social networks.

However, there is no obligation to display the faces of candidates on a poster, as evidenced by those of the Animalist Party for the 2019 European elections or the 2022 legislative elections.

The European election campaign will officially start on May 27 at midnight. It is from this moment that the billboards will be installed in front of the polling stations and the official campaign posters of the different lists will therefore be displayed.