FCC Proposes Disclosure Rules for AI in Political Ads

The Federal Communications Commission (FCC) proposes to require on-air and written disclosure of AI-generated content in radio and television political advertisements.

This week, the FCC proposed new rules to increase transparency regarding AI-generated content in political ads. The action is a significant development amid widespread concern that quickly evolving AI technology could make it increasingly difficult for voters to identify fraudulent video and audio material, which is particularly problematic in campaign advertisements.

These rules would mandate broadcasters disclose AI-generated content in political advertisements through on-air announcements and notices in online political files. Although it is unclear whether new regulations may be in place before the November presidential election, FCC Chair Jessica Rosenworcel emphasized the importance of transparency to protect the integrity of elections and ensure voters can critically assess the information presented.

Proposal to Require Broadcasters to Disclose AI-Generated Content

  • Inquiry Requirement: Broadcasters must inquire if political ads contain AI-generated content and provide on-air announcements disclosing such content.
  • On-Air Announcement: Broadcasters should use standardized language to inform viewers/listeners about AI-generated content in political ads.
  • Political File Notice: Broadcasters must include a notice in their online political files disclosing the use of AI-generated content.

Congress has not passed laws directing federal agencies to regulate AI in politics. In the absence of federal action, nearly half of US states have created laws regulating AI use in campaigns and elections, according to the FCC.

The FCC maintains it has the authority to regulate the issue under the 1934 Communications Act and the Bipartisan Campaign Reform Act. However, the FCC’s push to regulate AI in political ads has encountered opposition from the chairman of the Federal Election Commission, who previously accused the FCC of overstepping its boundaries and infringing on his agency’s authority and warned that this move could lead to a legal challenge.

The FCC acknowledges that it lacks the authority to regulate political advertising on digital and streaming platforms, leaving this rapidly growing industry segment unregulated at the federal level.

This gap in oversight means that while the proposed regulations would enhance transparency and accountability for traditional broadcasters and cable operators, digital and streaming platforms will not be subject to the FCC’s rules. Consequently, political ads on these newer platforms could continue to use AI-generated content without the mandated disclosures, potentially increasing the risk of deceptive practices going unchecked in the digital sphere.

The next steps in the FCC’s rulemaking process focus on engaging the public and stakeholders, reviewing their feedback, and finalizing the proposed rules.

Over the next 30 days, stakeholders can submit comments on the requirements for disclosing AI-generated content in political advertisements. A 15-day reply comment period follows, allowing for further discussion.

The FCC will review all feedback, revise the proposals as necessary, and draft the final rules. The FCC Commissioners will adopt these final rules through a formal vote, which will be published in the Federal Register, marking their official adoption and setting an effective date for compliance.

Visit the FCC website for more information.

While the FCC’s proposal aims to enhance transparency in political advertising, cybersecurity is another critical area where AI plays a significant role. As cyber threats evolve in sophistication and frequency, local leaders face increasing pressure to protect sensitive data and critical infrastructure.

AI offers powerful tools to bolster cybersecurity efforts, enabling more proactive and resilient defense mechanisms. However, practical hurdles in adopting AI solutions, ethical and privacy concerns, and evolving technologies present challenges for county governments.

At the MACo Summer Conference session, “Sentinels of the Digital Realm: AI’s Role in Fortifying Cybersecurity,”
an expert panel will share strategies to implement AI-driven cybersecurity challenges and solutions while avoiding potential pitfalls.

MACo’s Summer Conference, “Turning the Tide,” is August 14-17, 2024, at the Roland Powell Convention Center in Ocean City, Maryland.

Learn more about MACo’s Summer Conference: