Election Finances and Contributions Disclosure Act, Part 6.21, political deepfakes
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://kings-printer.alberta.ca/documents/Acts/E02.pdfIn force since .
An AI prohibited practices rule binding public and private bodies.
- Enforcement body
- Election Commissioner of Alberta
- Obligation class
- Prohibition
As of .
What it requires
- Do not create a deepfake of a political party leader, leadership contestant, Minister, member of the Legislative Assembly, candidate, nomination contestant, the Chief Electoral Officer, the Election Commissioner, an election officer or a person employed or engaged by either office that, if distributed or published by the creator, is likely to mislead electors about the depicted person's speech or conduct.
- Do not distribute or publish such a deepfake with the intent to mislead electors about the depicted person's speech or conduct.
- The prohibition does not apply where the depicted person consented to the creation, distribution or publication of the deepfake.
- When the Election Commissioner issues a written direction, stop creating, distributing or publishing the deepfake and, if the direction so provides, destroy it, by the deadline the direction states.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 44.971(5) makes it an offence to fail to comply with the Election Commissioner's written direction to stop creating, distributing or publishing a deepfake, and sets the fine for each day on which the offence occurs or continues. Sections 49(1) and 50 make a contravention of the Act for which no other fine is provided an offence, with a fine of not more than $10,000.
Penalty structure
Section 44.971(5) caps the fine for failing to comply with a direction at $10,000 for each day for a person and $100,000 for each day for an entity other than a person, and section 51.01(5)(b.2) sets the same daily amounts for an administrative penalty for that failure. Section 51.01(5)(b.1) caps an administrative penalty for a contravention of section 44.9499995 at $10,000 for a person and $100,000 for an entity other than a person, and sections 49(1) and 50 set a fine of not more than $10,000 for a contravention of the Act for which no other fine is provided.
- Rule
- Per violation only
- As of
- Currency
- CAD
- Per violation unit
- Day
- Per violation amount
- 100,000
Over one month of continuous breach, CAD 3,044,000.
What this law does
Part 6.21 of the Act defines a deepfake as a depiction in a video, audio, photographic, digital or other medium of a leader of a political party, leadership contestant, Minister, member of the Legislative Assembly, candidate, nomination contestant, the Chief Electoral Officer, the Election Commissioner, an election officer or a person who is or was employed or engaged by either office that is so realistic that a reasonable person would believe it depicts speech or conduct of the depicted person when the depicted person did not engage in the speech or conduct.
The depiction must also be created in a manner that substantially depends on technological means rather than the ability of another person to physically or verbally impersonate the depicted person. A person or entity must not create a deepfake that, if distributed or published by the creator, is likely to mislead electors about speech by or the conduct of the depicted person.
A person or entity must not distribute or publish a deepfake that is likely to mislead electors about speech by or the conduct of the depicted person if the person or entity distributing or publishing it has the intent to mislead electors. The prohibition does not apply if the depicted person consented to the creation, distribution or publication of the deepfake.
If a deepfake is created, distributed or published in contravention of the section, the Chief Electoral Officer may cause it to be removed or discontinued. If the Election Commissioner has reason to believe that a person or entity has contravened the prohibition, the Election Commissioner may issue a written direction to stop creating, distributing or publishing a deepfake and, if applicable, to destroy it.
A person or entity who fails to comply with a direction is guilty of an offence and is liable to a fine not exceeding $10,000 for each day on which the offence occurs or continues, if the offence is committed by a person, and $100,000 for each day, if it is committed by an entity other than a person.
The Election Commissioner may also serve a notice of administrative penalty for a contravention of section 44.9499995, which may not exceed $10,000 if the contravention is committed by a person and $100,000 if it is committed by an entity other than a person.
The Election Commissioner may also serve a notice of administrative penalty for a failure to comply with such a direction, which may not exceed $10,000 for each day on which the contravention occurs or continues if it is committed by a person and $100,000 for each day if it is committed by an entity other than a person. Section 49(1) of the Act makes a contravention of the Act by a corporation, trade union or similar body an offence punishable by a fine of not more than $10,000.
Section 50 makes a contravention by a person, political party or similar body of a provision for which no other fine is provided an offence with the same maximum. A person or entity that pays an administrative penalty for a contravention may not be charged with an offence for the same contravention. Bill 23, the Justice Statutes Amendment Act, 2026, received Royal Assent on , and the Legislative Assembly's bill record states that it came into force on that day, with exceptions.
When LexLint raises it
When your app profile says your app generates content with AI or processes voice recordings.