FCC Proposes AI Disclosure Rules for Political Ads Amid Pushback

The Federal Communications Commission (FCC) has advanced a proposal requiring political advertisers to disclose their use of artificial intelligence (AI) in broadcast television and radio ads. However, it is uncertain if these new regulations will be in place before the November presidential election.

Transparency in AI-Generated Media

The proposed rules aim to add a layer of transparency in political campaigning, addressing concerns about lifelike and misleading AI-generated media in ads. FCC Chairwoman Jessica Rosenworcel emphasized the potential for AI to manipulate voices and images in political advertising, stating, “If a candidate or issue campaign used AI to create an ad, the public has a right to know.”

Federal Turf War Over AI Regulation

The FCC’s move has sparked a federal turf war over AI regulation in politics. Federal Election Commission (FEC) Chairman Sean Cooksey criticized the FCC for overstepping its authority and warned of potential legal challenges. He argued that the FCC’s proposal could create conflicts with existing laws and regulations, leading to confusion in political campaigns.

Details of the Proposed Rules

The FCC proposes that broadcasters ask political advertisers if their content was created using AI tools, such as text-to-image creators or voice-cloning software. Broadcasters would also be required to announce on-air when AI-generated content is used in a political ad and include a notice in their online political files. However, the FCC acknowledges it lacks authority over streaming platforms, leaving them unregulated at the federal level.

Regulatory Process and Uncertain Timing

After the commission's 3-2 vote, the proposal will enter a 30-day public comment period, followed by a 15-day reply period. Commissioners will then finalize and pass a rule, though it remains unclear if it will be implemented before the upcoming presidential election. Rosenworcel’s spokesperson indicated that she intends to follow the regulatory process but emphasized the urgency of acting now.

Diverse Opinions on AI Regulation

The proposal has garnered mixed reactions. Democrat Ellen Weintraub, FEC Vice Chair, supports the initiative, stating that no single agency can address the complex issue of AI in politics alone. On the other hand, Republican FCC Commissioner Brendan Carr opposed the proposal, arguing it could confuse voters and disrupt political campaigns.

Broader Context and State Regulations

In the absence of federal legislation, more than one-third of states have enacted laws regulating AI use in campaigns and elections. Earlier this year, the FCC ruled that robocalls containing AI-generated voices are illegal, empowering the commission to fine companies or block service providers using AI voices in their calls.