FCC mulls AI rules for political ads

The Federal Communications Commission (FCC) is initiating steps toward new regulations that could mandate disclaimers on political ads that use artificial intelligence (AI) on TV and radio.

On Wednesday, FCC Chairwoman Jessica Rosenworcel urged her fellow commissioners to support these regulations amid increasing concerns that AI-generated deepfakes could interfere with elections.

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

The proposal aims to start a rulemaking process at the FCC, which is expected to take several months.

The new rules would apply to broadcast TV, radio, cable, and satellite providers. Under these rules, political advertisers would need to disclose on-air if their ads contain AI-generated content. The FCC does not regulate internet-based media like streaming video services or social media.

Additionally, political advertisers would be required to provide written disclosures in the public files that broadcasters must maintain.

The FCC’s initiative aims to address a significant gap in the regulation of AI in political advertising.

Current U.S. election laws prohibit campaigns from “fraudulently misrepresenting other candidates or political parties,” but it is unclear if this extends to AI-generated content.

Last summer, Republicans on the Federal Election Commission (FEC) blocked a move to clarify that the law covers AI-created depictions. The FEC has agreed to revisit the discussion, but no decision has been reached.

In the meantime, some U.S. lawmakers have proposed legislation to address AI in elections. In March, a bipartisan proposal from Minnesota Democratic Senator Amy Klobuchar and Alaska Republican Senator Lisa Murkowski introduced the AI Transparency in Elections Act, which could require AI disclaimers on political ads.

Senate Majority Leader Chuck Schumer, a Democrat from New York, has emphasized the urgent need for Congress to create regulations for artificial intelligence, especially concerning elections. Last week, he and a bipartisan group of senators released a legislative blueprint. However, many policy analysts doubt that Congress can pass significant AI legislation during an election year.

Online platforms like Meta have taken their own measures to address AI in political ads, requiring campaigns to disclose the use of deepfakes and banning the use of its in-house generative AI tools for political advertising.