The Federal Communications Commission (FCC) has proposed a new regulation requiring the disclosure of AI-generated content in political advertisements. This initiative, however, stops short of an outright ban.
FCC Chairwoman Jessica Rosenworcel officially proposed the idea on Wednesday, calling for the FCC to investigate and seek public comment on the rule. The FCC has previously deemed AI-generated robocalls illegal, primarily because they did not comply with existing automated call regulations.
“Consumers have a right to know when AI tools are being used in the political ads they see, and I hope [the commissioners] swiftly act on this issue,” Rosenworcel stated in her announcement.
Details of the Proposed Framework
The proposed regulation would require both candidate and issue ads to include a disclosure, both on-air and filed, if they use AI-generated content. This requirement would apply to cable operators, satellite TV, and radio providers, but not to streaming services or platforms like YouTube, over which the FCC lacks regulatory authority. An essential part of this proposal would be defining what constitutes AI-generated content.
The proposal represents a fact-finding mission, marking the initial step toward developing a new regulation. If the proposal adopts, the FCC would solicit public comments to determine the necessity of the regulation and to define the specifics of AI-generated content. Unlike formal rule-making documents, the commissioners can vote on these proposals at any time, though it is improbable for them to approve it swiftly before the week’s end.
Public Interest and Protection from Deceptive Content
The FCC document outlines a public interest obligation for its licensees, regulatees, and permittees to shield the public from false, misleading, or deceptive programming and to foster an informed public. Most people would appreciate knowing when campaign ads use AI-generated imagery or audio. Such a regulation could deter low-effort deceptive attempts and provide a foundation for action against malicious actors, like those responsible for the fake Biden calls.
Questions remain about how this proposed rule would overlap with or interact with the Federal Trade Commission (FTC) and Federal Election Commission (FEC), which govern advertising and campaign rules respectively. The timeline for enacting this proposal remains unclear as the FCC has yet to provide further information.
See also: Truecaller Integrates Microsoft AI For Personalized Call Responses
