HONOLULU (HawaiiNewsNow) – Congressional candidate Nathan Berning is apologizing after using artificial intelligence to create a false endorsement from the late Native Hawaiian activist and professor Haunani-Kay Trask in a campaign ad.
Trask’s family says the move may amount to fraud, and a state lawmaker says it could expose Berning to legal action under a new state law.
Berning initially told Hawaii Public Radio, which first reported the story 10 days ago, that he had never heard of Trask and that the woman shown in the ad was a model. That claim was proven false because the AI-generated photo used in the ad was a well-known image of Trask that is often attached to articles about her.
Trask’s sister, Mililani Trask, said she is certain Berning knew who her sister was.
“It’s clearly a violation and a perpetration of fraud on the voters in our state,” Mililani Trask said.
Family reacts to ad
The 30-second ad claims a lack of support for mothers causes abortion. It includes a photo of a mutilated fetus. The ad also uses an AI-generated version of Trask’s voice and image, appearing to show her endorsing Berning’s campaign.
Haunani-Kay Trask passed away in 2021.
“Everyone had seen it and was very upset about it,” Mililani Trask said. “He was trying to send a message about abortion, and he wanted it to come out through my sister’s face and voice, and he wanted to desecrate the death of a young infant by showing that photo and making that connection.”
New law addresses AI-altered images
State Rep. Scot Matayoshi, chair of the Consumer Protection Committee, said Trask’s family can now sue over the misuse of her image under a new law, Act 247, which took effect earlier this year.
“This was certainly one of the things that we were afraid of when we passed this law,” Matayoshi said. “People are justifiably outraged at this.”
Berning responds
In a lengthy email defending his candidacy as legitimate, Berning said his original claim that Trask was a model was inaccurate. He admitted the video was AI-generated and said it was not intended to represent a specific real Hawaiian woman.
“I am saddened that it created frustration for the family of the woman depicted,” Berning said. He said the ad will not continue running as it was and is being reworked.
Part of a larger pattern
The ad’s use of a graphic fetus photo is a tactic being used by 10 other candidates funded by a PAC organized by anti-abortion activist Randall Terry, who is also a candidate in Virginia.
His fundraising website states that federal law forbidding censorship of congressional ads means television stations cannot refuse to run the graphic photos.
Mililani Trask questioned how the ad was allowed to air.
“The thing is, that what is our job? How could this be allowed?” she said.
Matayoshi said it would be difficult to distinguish candidates who actually want to serve in office from those just trying to send a message.
“A lot of candidates run to push a particular message, maybe not intending to win, but intending to fight for that message,” Matayoshi said.
Berning received fewer than a thousand votes in the primary, but it was enough to place him on the general election ballot, which means he could insist on running more uncensored ads.
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