FCC Requires Disclosure of AI Use in Political Ads

The Federal Communications Commission (FCC) has proposed a new regulation requiring broadcast TV and radio ads that utilize artificial intelligence (AI) to disclose this information to audiences through on-air announcements. The proposal, which was advanced by a 3-2 vote, is now open for public comment as the FCC seeks feedback before finalizing the rule. While the agency aims to implement the regulation before the upcoming November elections, it remains uncertain whether this timeline can be met. FCC Chairwoman Jessica Rosenworcel emphasized the importance of transparency in the face of growing concerns about misleading AI-generated content, with approximately 75% of Americans expressing unease about such disinformation. The proposed rule defines AI as any image, audio, or video created through computational technology that mimics human appearance, speech, or actions. Political ads using AI would need to include a statement indicating that the content was generated, either in whole or in part, by artificial intelligence. However, dissenting Commissioner Brendan Carr raised concerns about the FCC overstepping its authority, arguing that the Federal Election Commission (FEC) has jurisdiction over similar regulations. Carr warned that the FCC's expedited timeline could lead to confusion, as the comment period will still be open during September, coinciding with the start of early voting in many states. He cautioned that any new regulations might not take effect until after early voting has begun, potentially complicating the electoral process. The FCC noted that the FEC is considering amendments to its rules to clarify that existing campaign laws prohibit fraudulent misrepresentation, which would also apply to AI-generated content in political advertising.