On Sunday night, former president and convicted felon Donald Trump posted several AI generated images of Taylor Swift and AI generated images of Swifties “endorsing” him for presidency in the 2024 election. With the rise of misinformation spreading on platforms like X wider than ever and with increasingly damaging consequences, what can Taylor Swift do about it? I spoke with Kelsey Farish, a media lawyer and AI expert, to discuss what action Taylor Swift could potentially take against Donald Trump for doing this without her consent or legitimate endorsement.
“Free speech is a fundamental right, and in many ways, it’s less regulated in the United States than in the United Kingdom or elsewhere in Europe.” Kelsey explains to me. “This typically means it’s harder to pursue legal action for speech-related harms in the U.S. However, when a public figure’s image has been misused for political gain, things become more complicated, and it would be wrong to suggest that anything is fair game to share on social media.
“While political speech, satire, and parody are highly protected, Trump’s rights do not extend to misleading or deceptive uses of an individual’s name or likeness that could cause reputational harm or public confusion. If I was Taylor Swift’s lawyer, I’d definitely be looking at the reputational harm caused by Trump using her name in a political context without permission.
“The image “Taylor wants you to vote for Donald Trump” depicts Taylor Swift’s likeness and face, so in addition to reputational harm considerations, special publicity laws might also apply. The Federal Communications Commission (FCC), which is like the U.S. version of Ofcom, might also have sanctions in relation to this type of conduct.”
Media lawyer Kelsey also explains how AI factors into the legality of the situation, and what the rules are surrounding Donald Trump using Taylor Swift in this manner. “Whether created by a human artist or an AI algorithm, the unauthorised use of a celebrity’s likeness for political purposes can still lead to significant reputational harm and potential legal action for misappropriation and false endorsement. That said, it’s important to note that U.S. lawmakers at both state and federal levels are currently debating new laws regarding the use of AI-generated images in political contexts.
“In several of these images, Taylor Swift herself isn’t shown, and the “Swifties” depicted won’t actually exist if they’re AI-generated. However, I imagine Taylor Swift’s lawyers could easily argue that her name and “brand” is being misused. I wouldn’t be surprised if her legal team made a public statement to criticise Trump’s decision to publish these images, or otherwise issued a cease and desist letter to his campaign. This is in addition to potentially looking at a lawsuit for reputational damage, amongst other things.”
