FCC advances proposal requiring political advertisers to disclose AI use

The Federal Communications Commission (FCC) on Thursday moved forward with a proposal to require the makers of political ads to disclose any use of artificial intelligence (AI).

The rule means advertisers on broadcast television, radio and cable will be required to reveal the use of AI technology for voice and image generation, amid concerns that the rapidly advancing tech could be used to mislead voters as the 2024 election draws closer.

“Today the FCC takes a major step to guard against AI being used by bad actors to spread chaos and confusion in our elections,” FCC Chair Jessica Rosenworcel said in a statement. “There’s too much potential for AI to manipulate voices and images in political advertising to do nothing. If a candidate or issue campaign used AI to create an ad, the public has a right to know.”

The measure was passed in a 3-2 vote and is now set to undergo a 45-day public comment period followed by a 15-day reply period, after which commissioners will finalize the rule. It’s unclear if that process leaves enough time for the regulations to go into effect before the November election.

A proposal of the new rule from May would not completely ban the use of AI in political advertisements. It would apply to both candidate and issue ads, according to a filing, but not online ads or those shown on streaming services.

The proposal specifically notes the risk of “deepfakes,” AI-generated images and audio meant to mimic a real person. AI skeptics have warned that these digitally created images and audio could trick voters into believing a candidate did or said something that they really did not.

The use of deepfake voice technology was already banned by the FCC for use in political robocalls earlier this year, after a group impersonated President Biden in an attempt to discourage voter turnout in the New Hampshire primary.

“Bad actors are already using AI technology in robocalls to mislead consumers and misinform the public. That’s why we want to put in place rules that empower consumers to avoid this junk and make informed decisions,” Rosenworcel said in a statement last week.

FCC Commissioner Brendan Carr, an appointee of former President Trump, voted against the proposal, citing concerns about timing and partisanship. He agreed with concerns aired by Federal Election Commission Chair Sean Cooksey, also a Republican, who said the regulations infringe on his agency’s jurisdiction and could result in legal action.

“We are in the home stretch of a national election. We are so close, in fact, that the comment cycle in this proceeding will still be open in September — the same month when early voting starts in states across the country,” Carr wrote in a statement. “If there ever were a moment, if there were a time, for a federal agency to show restraint when it comes to the regulation of political speech and to ensure that it is operating within the statutorily defined bounds of its authority, now would be that time.”

“This is a recipe for chaos,” he continued. “Even if this rulemaking were completed with unprecedented haste, any new regulations would likely take effect after early voting already started. And the FCC can only muddy the waters.”