The Federal Communications Commission (FCC) is proposing transparency requirements for AI-generated content used in political advertisements that appear on television and on the radio.
The proposal, which FCC Chair Jessica Rosenworcel introduced earlier this year, would require broadcasters to make on-air announcements disclosing the use of generative AI in political ads that they air. Broadcasters would also be required to disclose political ads that contain AI-generated content as part of their public filings with the FCC, which are available online.
The Commission’s proposal defines AI-generated content as “an image, audio, or video that has been generated using computational technology or other machine-based system that depicts an individual’s appearance, speech, or conduct, or an event, circumstance, or situation, including, in particular, AI-generated voices that sound like human voices, and AI-generated actors that appear to be human actors.”
It appears that the regulation is intended to make it easier for the public to identify AI-generated content, which could contain false or misleading information. According to the FCC, the proposal would serve the Commission’s goal “to protect the public from false, misleading, or deceptive programming.”
Generative AI tools have a great potential to create more effective and convincing advertising materials, and to enable lower-resourced campaigns to create advertisements with lower budgets. At the same time, AI tools could make it easier for campaigns or advocacy groups to generate fictitious content that could be mistaken as real. For example, last year, the Republican National Committee circulated an attack ad aimed at President Biden containing a series of photo-realistic AI-generated images, videos, and audio clips. The ad depicted a series of fictitious events – such as China invading Taiwan – as if they were news broadcasts that would occur during Biden’s second term in office. (The ad included a small written disclaimer that the video was “Built entirely with AI imagery.”)
The regulation would not apply to advertisements on digital or streaming platforms, nor content shared online or on social media, where the FCC lacks jurisdiction.
The public commenting period for the proposed rules opened on August 5 and closed on September 4. The period for reply comments – during which the public can respond to prior comments – is open through September 19. Information about how to submit comments to the FCC can be found on Regulations.gov.
