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

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.

If ultimately adopted by the commission, political ads would be required to feature on-air disclosure of AI content, and written disclosure would be required in broadcasters’ political files. The proposal seeks to apply the rules to candidate and issue advertisements. It also would extend beyond broadcaster to “entities that engage in origination programming,” including cable operators, satellite TV operators and radio providers. 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.

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.”