FCC Chair Unveils Proposal To Require Disclosure Of AI-Content In Political Ads

Ted Johnson
·2 min read
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FCC Chairwoman Jessica Rosenworcel unveiled a proposal today that would require disclosure of AI generated material in TV and radio political ads.

Her circulation of the proposal to her colleagues is the first step to launching a proceeding, which would include a public comment period.

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Public comment will be sought on whether political ads should be required to feature on-air disclosure of AI content, as well as written disclosure would be required in broadcasters’ political files. The proposal also seeks to apply the rules to candidate and issue advertisements.

The public also will be asked for input and comment on the specific definition of AI-generated content.

The use of AI generated content has quickly become an issue in the 2024 campaign. A super PAC supporting Ron DeSantis featured an AI-generated Trump voice in one of its spots.

The focus of the proposal is on broadcasters and “entities that engage in origination programming,” including cable operators, satellite TV operators and radio providers. But the concerns over the use of deepfakes go well beyond those in broadcast ads, as AI-generated images have proliferated on social media. The FCC proposal would not cover those areas, nor would it apply to streaming.

In a statement, Rosenworcel said, “As artificial intelligence tools become more accessible, the Commission wants to make sure consumers are fully informed when the technology is used. Today, I’ve shared with my colleagues a proposal that makes clear consumers have a right to know when AI tools are being used in the political ads they see, and I hope they swiftly act on this issue.”

The FCC cited authority under the Bipartisan Campaign Reform Act, which gave the commission oversight over a substantial portion of political advertising. The FCC also cited the public interest obligations of licensees “to protect the public from false, misleading, or deceptive programming and to promote an informed public.”

In March, Sen. Amy Klobuchar (D-MN) and Sen. Lisa Murkowski (R-AK) introduced legislation to require disclaimers in political ads using AI-generated images, audio or video. It would apply to a wider sweep of media, including broadcasters, newspapers, mailings, internet and digital platforms. The bill passed out of the Senate Rules Committee last week, along with other legislation designed to rein in the use of deepfakes.

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