FCC proposes rules for disclosing information about artificial intelligence in political ads

The Federal Communications Commission (FCC) has introduced a proposal requiring political ads in the United States to disclose the use of artificial intelligence (AI). This initiative, led by FCC Chair Jessica Rosenworcel, aims to increase the transparency of political campaigns as the 2024 elections approach. The proposal highlights the growing availability of artificial intelligence tools and the need to educate consumers about their use in political messages.

Solving artificial intelligence challenges in political advertising

The FCC’s proposal comes amid growing concerns about the potential of AI-generated content to spread disinformation and create deepfakes – manipulated videos that falsely depict people saying things they never did. These concerns are echoed by former Secretary of State Hillary Clinton, who highlighted the global risk that artificial intelligence poses to election integrity. Microsoft also raised alarm about the effectiveness of even simple deepfakes in influencing elections and noted that China was using artificial intelligence to stoke unrest among U.S. residents on social media platforms.

Details of the proposed rule

The proposed regulation does not aim to ban AI-generated political advertising, but requires its creators to disclose the use of AI technology. Rosenworcel urged her colleagues on the FCC board, which includes four other members, to take immediate action on the proposal. With two other Democrats on the board, the proposal has a good chance of passing.

The proposed rule would apply to providers of television and radio programming, as well as cable and satellite television, and would require on-air disclosure of AI-generated content in political ads. Political advertisers would also have to provide written disclosures in public files that broadcasters are required to keep. However, the effectiveness of this provision is uncertain, especially since it does not cover the Internet, the main platform for political content generated by artificial intelligence. While traditional media remains important, social media and streaming platforms also play a key role in political campaigns.

Historical Context and Previous FCC Actions

The FCC has a long history of combating deceptive practices, such as targeting the Royal Tiger AI robocall crew and implementing net neutrality rules. The new AI disclosure rule is a proactive step toward addressing the evolving challenges posed by AI in the political arena. US election law prohibits campaigns from misrepresenting other candidates or political parties, but it is unclear whether this applies to AI-generated content.

The FCC’s proposal aims to initiate a rulemaking process that is expected to take several months. This comes as part of a broader legislative effort to regulate artificial intelligence in elections. Senators Amy Klobuchar and Lisa Murkowski introduced the Artificial Intelligence in Elections Transparency Act, and Senate Majority Leader Chuck Schumer emphasized the urgent need for Congress to legislate on artificial intelligence, especially for elections.

Online platforms such as Meta have already implemented measures requiring campaigns to disclose the use of deepfakes and banning the use of their generative artificial intelligence tools in political advertising. Last summer, an attempt to clarify the extension of voting rights to images created by artificial intelligence was blocked by Republicans on the Federal Election Commission (FEC), although the FEC agreed to take another look at the issue.