FCC proposes requiring advertisers to disclose AI in political ads on radio, TV
Onetime Silicon Valley congressional candidate Peter Dixon (R) and communications director, Taylor Hebble, talk with other staffers as a campaign video using AI generated content plays. The FCC is considering a rule to require the identification of AI-generated content in political ads on TV and radio. AMY OSBORNE/AFP via Getty Images
The proposal advanced over the opposition of its Republican commissioners, who warned that the measure risks interfering with the Federal Election Commission’s efforts to regulate AI-generated content in political ads.
The Federal Communications Commission announced on Thursday that it voted to advance a proposal that would require political advertisements on TV and radio to disclose their use of artificial intelligence-generated content.
The notice of proposed rulemaking approved by the agency’s commissioners would instruct broadcasters to ask advertisers whether their content was created using AI, and then indicate on-air if it was made using the technology.
The proposal advanced in a 3-2 vote, with the agency’s three Democrats voting in favor of the measure and its two Republican commissioners opposing it. The vote now opens the process for the FCC to receive public comments on the proposed rule.
Notably, the requirement would not outright prohibit the use of AI-created content in political ads.
Concerns about the use of AI-generated content to spread mis- and disinformation have increased over the past year, with officials and lawmakers moving to craft new regulations around the emerging capabilities. Early uses of these technologies without obvious disclosure notices have already underscored their potential impact on U.S. elections.
New Hampshire residents received a robocall ahead of the state’s presidential primary in January that included an AI-generated voice of President Joe Biden telling voters not to go to the polls. Similarly, the presidential campaign of Florida Governor Ron DeSantis was called out for circulating AI-generated images of former President Donald Trump last June.
FCC Chairwoman Jessica Rosenworcel said in a statement that the agency’s proposal “takes a major step to guard against AI being used by bad actors to spread chaos and confusion in our elections.”
“There’s too much potential for AI to manipulate voices and images in political advertising to do nothing,” she added. “If a candidate or issue campaign used AI to create an ad, the public has a right to know.”
The proposal will be open for public comment 30 days following its publication in the Federal Register, with reply comments accepted for an additional 15 days after the initial period ends.
The FCC is considering another proposal that would craft regulations around the use of AI-generated robocalls and also require disclosure for the use of such technology. The agency is expected to vote on that measure during its August meeting. Consideration of that proposal comes after the FCC previously moved to bar the use of voice cloning technology in scam calls.
The Federal Election Commission has similarly moved to amend its current regulations to account for the use of deceptive AI-generated content in campaign ads, with the agency voting to advance a petition last August seeking public comment on its proposal.
In a June letter to the FCC, Ellen Weintraub — a Democrat and vice chair of the FEC — said “no one agency currently has the jurisdiction or the capacity to address every aspect of this large and complicated issue” and that both the FCC and FEC should “conduct notice-and-comment rule makings within our respective jurisdictions.”
FEC and FCC Republican commissioners, however, have voiced concern about the potential overlap in the agencies’ regulatory authorities, as well as the latest proposal’s proximity to the 2024 presidential election, should it be approved.
In a statement opposing the proposal’s advancement, Republican FCC Commissioner Brendan Carr called it “as misguided as it is unlawful.”
“Congress gave the Federal Election Commission — not the FCC — the exclusive statutory authority to interpret, administer and enforce the Federal Election Campaign Act,” he said. “That includes the authority to establish disclosures for political communications on television and radio.”
Republican FEC Chairman Sean Cooksey also wrote a letter to Rosenworcel last month saying “I maintain that the FCC lacks the legal authority to promulgate conflicting disclaimers requirements only for political communications.”
In a post on the X social media platform following the FCC’s announcement on Thursday, Cooksey reiterated his concerns and said that the measure “would sow chaos among political campaigns and confuse voters before they head to the polls.”