The Federal Communications Commission (FCC) is taking initial steps toward implementing new rules that could mandate political ads on TV and radio to disclose the use of artificial intelligence.
On Wednesday, FCC Chairwoman Jessica Rosenworcel urged fellow commissioners to back these regulations due to growing concerns about AI-generated deepfakes disrupting elections.
“With the increasing accessibility of AI tools, the Commission wants to ensure consumers are fully informed when such technology is used,” Rosenworcel stated in a news release. “Today, I have proposed to my colleagues that consumers have the right to know when AI is used in political ads, and I hope they act quickly on this issue.”
The proposal, set to initiate a rulemaking process that could take months, targets broadcast TV, radio, cable, and satellite providers. Under the proposed rules, political advertisers would need to disclose on-air if their ads contain AI-generated content. However, the FCC does not regulate internet-based media like streaming services or social media.
Additionally, the proposed rule would require political advertisers to include written disclosures in the public files that broadcasters must maintain.
The FCC’s initiative aims to address a significant gap in the regulation of AI in political advertising. Current US election law prohibits campaigns from “fraudulently misrepresenting other candidates or political parties,” but it remains unclear if this extends to AI-generated content.
Last summer, a move to clarify this law’s applicability to AI-created depictions was blocked by Republicans on the Federal Election Commission (FEC). Although the FEC has since reopened the discussion, no decision has been reached.
Meanwhile, some lawmakers have proposed legislation to regulate AI in elections. In March, the AI Transparency in Elections Act, a bipartisan proposal by Democratic Senator Amy Klobuchar of Minnesota and Republican Senator Lisa Murkowski of Alaska, was introduced to require AI disclaimers on political ads.
Senate Majority Leader Chuck Schumer of New York has emphasized the urgent need for congressional guardrails on AI, particularly in elections. Last week, he and a bipartisan group of senators released a legislative action blueprint. However, many policy analysts are skeptical that Congress will pass significant AI legislation during an election year.
Online platforms like Meta have also taken steps to address AI in political ads, requiring campaigns to disclose the use of deepfakes and banning the use of in-house generative AI tools for political advertising.
