The FCC has proposed a requirement for disclosing AI-generated content in political ads, but not banning it.
Chairwoman Jessica Rosenworcel officially proposed on Wednesday that the FCC investigate and seek feedback on this rule. (The agency had previously declared AI-generated robocalls illegal, but that was based on automated call regulations rather than the use of AI.)
“Consumers have the right to know when AI tools are used in political ads they see, and I hope [the commissioners] take prompt action on this issue,” she stated in an accompanying announcement.
Under the proposed framework, both candidate and issue ads would have to disclose on-air and in filings that AI-generated content was utilized. This requirement would apply to “cable operators, satellite TV and radio providers,” but not to platforms like streamers or YouTube, as the FCC does not have authority to regulate them. The definition of AI-generated content would need to be agreed upon first.
This proposal is primarily for gathering information and marks the initial step in creating a new regulation. If approved, the FCC would seek feedback on the necessity of the regulation, how the content should be defined, and other related aspects. Unlike formal rule-making, these proposals can be voted on at any time, so it is possible — though unlikely — that the other Commissioners could approve it before the end of the day.
The FCC document emphasizes the public interest obligation for licensees, regulatees, and permittees to prevent false, misleading, or deceptive programming and to ensure an informed public.
It is generally believed that most people would appreciate knowing when AI-generated content is used in campaign ads; such a regulation could discourage low-quality attempts and help address issues like the fake Biden calls perpetrated by dishonest companies.
I have reached out to the FCC for clarification on how this rule would align or interact with the FTC and FEC (which regulate advertising and campaign rules respectively), and when we can expect this proposal to take effect.
FCC officially declares AI-voiced robocalls illegal
