Disclosure Requirements Would Ensure Consumers Are Fully Informed When AI Technology is Used in Political Ads 

July 29, 2024 - WASHINGTON - Last week, the Federal Communications Commission announced it will move forward with a proposal to implement new AI transparency requirements.  This proposal aims to increase transparency by having those who already have legal duties to file information about their TV and radio advertisements with the FCC to indicate if AI is being used and make on-air disclosure of AI use.  It does not propose the prohibition of such content, only disclosing the use of AI within political ads. 

“Today the FCC takes a major step to guard against AI being used by bad actors to spread chaos and confusion in our elections.  We propose that political advertisements that run on television and radio should disclose whether AI is being used,” said Chairwoman Rosenworcel.  “There’s too much potential for AI to manipulate voices and images in political advertising to do nothing.   If a candidate or issue campaign used AI to create an ad, the public has a right to know.”

Artificial Intelligence has become powerful enough to mimic human voices and create life-like images.  This year in the primary election in New Hampshire, thousands of voters got an AI-generated robocall impersonating President Biden that told them not to vote.  This past summer, the campaign of Governor DeSantis was flagged for circulating fake AI-altered images of former President Trump.  Facing a rising tide of disinformation, roughly three-quarters of Americans say they are concerned about misleading AI-generated content.  

Congress has granted the FCC authority regarding the political messages people see on television, hear over the radio, or receive over the phone.  Since the 1930s, the FCC has used this authority to require broadcasters to maintain a publicly available file for political ads.  This file has information about who bought a campaign ad, how much they paid for it, and when it ran.  Over time Congress expanded these requirements to include ads that run on cable and satellite.  These are also the policies that led to what are now familiar on-air disclosures so that every viewer and listener knows who is responsible for every ad. 

The Federal Elections Commission is also considering a rulemaking on AI, announcing this year that they expect to act in early summer.  In a recent letter to the FCC, the FEC’s Vice Chair wrote, “No one agency currently has the jurisdiction or the capacity to address every aspect of this large and complicated issue.” While the FEC can regulate AI use in online advertisements for federal candidates, the FCC can focus on the areas where the FEC is not able to act.  The FEC does not oversee television and radio stations.  Under the law, FEC authority over campaigns is limited to federal political candidates and does not extend to independent issue campaigns or state and local elections. 

Nearly half of states across the country have enacted laws to regulate the use of AI and deepfake technology in elections and most of these laws are bipartisan.  This FCC proposal would seek to bring uniformity and stability to this patchwork of state laws, seeking to bring greater transparency in our elections.
Source: FCC