MSGOP Chairman Mike Hurst (Photo from Facebook)
- The Mississippi Republican Party believes a 19-second AI video depicting Senator Cindy Hyde-Smith fleeing reporters, which Democrat Scott Colom claimed was “based on a true story,” violates state law for disseminating a digitization within 90 days of an election that was done with the intent to injure another candidate and influence the results of the election.
The Mississippi Republican Party is asking the Attorney General to investigate and seek injunctive relief over Democrat U.S. Senate candidate Scott Colom’s use of an AI generated video that shows images of a woman generated to look like incumbent U.S. Senator Cindy Hyde-Smith exiting what is assumed to be the U.S. Capitol.
The video shared by Colom, which he claimed was “based on a true story,” shows a slew of press awaiting the woman depicted as Hyde-Smith, shouting questions Colom’s campaign has used in their messaging, such as “Why don’t you do a town hall?” The woman is then shown running away before getting into a car.
At no point does the ad disclose that it was generated using AI.
READ MORE: After starting his campaign with a fake call, Colom shares AI-generated video of Hyde-Smith
The state Republican Party believes the 19-second video from October 1 violates Miss. Code § 97-13-47.
That statute outlines that “a person who disseminates a digitization or enters into a contract or other agreement to disseminate a digitization is guilty of a crime… if the person knows or has actual knowledge that the item being disseminated is a digitization and the dissemination: (a) Takes place within ninety (90) days of an election; (b) Is disseminated without the consent of the depicted individual; and (c) Is disseminated with the intent to injure the candidate, influence the results of an election or deter any person from voting.”
The statute defines “digitization” as including but not limited to “the creation of an image or audio through the use of software, machine learning artificial intelligence or any other computer-generated or technological means… [which] includes any digital representation of speech or conduct that: (i) A reasonable
person would believe depicts the speech and/or conduct of an individual who did not engage in the speech and/or conduct as presented; and (ii) The production of which was substantially dependent on technical means, rather than the ability of another individual to physically or verbally impersonate an individual.”
Those convicted of violating the statute with the intent to incite or cause violence, cause bodily harm or to deter any person from voting, or having a prior conviction of the statute within the last five (5) years, could face a penalty of five years in prison, a $10,000 fine, or both. In all other cases, the statute carries a penalty of not more than one year in prison or a $5,000 fine, or both.
Mississippi Republican Party Chairman Mike Hurst wrote in a letter to Attorney General Lynn Fitch, an elected Republican state official, that the present evidence warrants investigation of each statutory element.
“First, the video is clearly a ‘digitization’ as defined by the statute, that is, a deepfake AI-generated video representing conduct that a reasonable person would believe depicts conduct of an individual (Sen. Hyde-Smith) who did not engage in the conduct as presented. Second, Mr. Colom clearly knows and knew at the time (based upon multiple media interviews) that this was a deepfake AI-generated video and that he disseminated it,” Hurst contends. “Third, the dissemination of the deepfake video occurred on October 1, 2026, 33 days before the November 3, 2026, general election, that is, within 90 days of an election as set forth by statute. Fourth, the video was disseminated without the consent of Sen. Hyde-Smith. And fifth, the video was disseminated with the intent to injure the candidate, influence the election or deter people from voting. Colom’s manufacture and dissemination of realistically-looking but nonexistent conduct, in conjunction with the factors above, constitutes a clear violation of Mississippi law.”
Hurst said the video does not constitute “satire or parody,” as there was no “wit, irony, sarcasm” or “humor” in Colom’s video, challenging the Colom campaign’s likely legal argument to defend the video’s use.
“Rather, Mr. Colom claims in multiple social media accounts and in interviews with multiple media outlets that his deepfake AI-generated video is ‘based on a true story,'” Hurst wrote to Fitch. “Mr. Colom’s deepfake AI-generated video is also not a ‘parody,’ as it is not a ‘literary or musical work’ where ‘the style of an author or work is closely imitated for comic effect or in ridicule’ nor a ‘feeble or ridiculous imitation.’ Mr. Colom has
attempted to make this video look real and is attempting to use this video to injure Senator Hyde-Smith, influence an election, or deter people from voting, not for comic effect, as he has specifically said he was ‘trying to get young peoples’ attention. We’re trying to find greater ways to get their attention.’”
Hurst further tells Fitch that Colom’s knowing, deliberate and intentional actions “have violated
Mississippi criminal law, and even worse, are intended to illegally influence an election and trick voters into believing a lie.”
The Mississippi Republican Party then asks the Attorney General to move to enjoin Colom pursuant to the statute “from using this and other deepfake, AI-generated content that violates or would violate state law, and instruct Colom and his campaign to preserve all evidence of and cease and desist from further criminal violations.”
“Scott Colom is a licensed attorney, an officer of the court, and a sitting District Attorney – the chief law enforcement officer for an entire judicial district. It is sad when those elected to uphold the law refuse to follow it themselves,” Hurst said. “Mississippi voters deserve the truth, not manufactured images designed to mislead them about their elected officials. We are calling on the Attorney General will investigate these criminal violations, put an end to these criminal acts, and show Mississippians that no one is above the law.”
As of this reporting, the Colom campaign has not issued a statement or commented on the complaint to the Attorney General.
