The FCC's Proposed New AI Disclosure Rules: What They Mean for Political Advertising
As Generative AI tools grow increasingly capable of creating realistic images and voices, the Federal Communications Commission (FCC) proposed new rules to enhance transparency in political advertising, particularly regarding AI-generated content. Instead of outright banning AI-generated political ads, however, the rules would require cable TV, radio, and some online platforms to provide on-air announcements disclosing that the content is AI-generated.
Why This Matters
Last week, Donald Trump posted a series of images on the Truth Social platform depicting endorsements by Taylor Swift, a pop superstar, and her fans a/k/a “Swifities.” The images of young women wearing “Swifties for Trump” tees, however, were AI-generated. Despite claiming the “movement is real,” it’s unclear whether Trump knew or should have known that the images were fakes before posting them.
AI's growing role in political ads, such as deepfakes and AI-generated audio, introduces new challenges for maintaining transparency in U.S. elections. The FCC's proposal mandates that campaigns disclose any AI use in political ads, making voters aware of the technology behind the content. This requirement would apply to TV, radio, and specific online platforms.
The Broader Context
Eleven U.S. states have already passed laws regulating the use of AI content in elections, with further legislation under consideration in an additional 28 states. The FCC's proposal can thus be seen as a method to standardize these efforts, in the interstate communication channels it regulates. The proposal, however, has sparked controversy. Some FCC commissioners argue that the FCC might overreach its authority, especially with the Federal Election Commission (FEC) also considering similar regulations. Critics warn that this could lead to confusion and inconsistent enforcement, particularly during the election season.
Implications for Political Campaigns
Political campaigns should review their content creation processes and disclose any use of AI in their ads. Non-compliance could lead to legal challenges or damage a campaign's credibility. Transparency with voters, however, also offers an opportunity for campaigns to build trust. As the FCC advances these proposed rules, stakeholders will have an opportunity to comment on the potential impact. The final rules should be in place before the 2024 general election.
