FCC Proposes New AI Disclosure Rules for Political Ads

The FCC has released a Notice of Proposed Rulemaking (NPRM) to mandate the disclosure of AI-generated content in political advertisements. Released on 25 July 2024, this proposal addresses the increasing use of AI in political ads, which has raised concerns about the potential spread of deceptive content such as “deepfakes.”

Context and Background

The NPRM, under MB Docket No. 24-211, responds to the patchwork of state laws regulating AI and deepfake technology in elections. Nearly half of the states have enacted such laws, with most being bipartisan efforts. The FCC’s initiative aims to bring uniformity and stability to these regulations, ensuring greater transparency in political advertising.

Proposals and Requirements

1. Definition of AI-Generated Content:

   • AI-generated content is defined as any image, audio, or video created using machine-based technology that depicts individuals or events in ways that can be manipulated to appear real.

2. Disclosure Requirements:

   • On-Air Announcements: Broadcasters must include an announcement disclosing the use of AI-generated content in political ads. For radio, this must be an oral statement, and for TV, it can be oral or visual.
   • Political Files Notices: Broadcasters are required to include notices in their online political files for all political ads containing AI-generated content.

3. Scope of Application:

   • The rules apply to radio and TV broadcast stations, cable operators, Direct Broadcast Satellite (DBS) providers, and Satellite Digital Audio Radio Service (SDARS) licensees.
   • The proposal also covers section 325(c) permit holders who transmit programming from U.S. studios to foreign stations.

Public Interest and Benefits

The proposal highlights the dual nature of AI in political ads. While AI can democratize campaign messaging by lowering costs and enhancing targeting, it also poses risks by making the creation of deceptive content easier and cheaper. The FCC believes that requiring disclosure will help voters evaluate the authenticity of political messages, thus supporting an informed electorate and maintaining the integrity of the democratic process.

Legal and Procedural Considerations

The FCC seeks comments on the proposals, particularly on the definition of AI-generated content, the effectiveness of the disclosure requirements, and the potential First Amendment issues. The Commission also considers the costs and benefits of these measures and their alignment with existing statutory authorities.

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