AI Use in Political Ads Would Have to Be Divulged Under FCC Plan

Federal regulators on Thursday proposed that broadcasters be required to disclose when they run political ads that use AI-generated content. But it was unclear whether the plan could take effect before the November elections.

The Federal Communications Commission voted 3-2 on a proposed rule that broadcast stations be required to ask candidates whether their ads include AI-generated audio, video, or images. A radio or TV station would need to label ads that use artificial intelligence to showcase candidates for federal and state offices, as well as those that promote particular viewpoints on political issues.

The commission didn’t say whether it will finalize the proposal before the Nov. 5 presidential election. It will accept feedback from the public until at least mid-September. After that, commissioners will deliberate whether to modify, disregard, or approve the proposal.

The plan was backed by the commission’s three Democrats and opposed by Commissioners Nathan Simington and Brendan Carr, both initially appointed to the FCC by Republican President Donald Trump.

Carr accused his colleagues of catering to the wishes of the Democratic National Committee, which asked federal election officials in October to prevent the deceptive use of the technology in campaign communications.

“If there ever were a moment, if there ever 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,” Carr said in a statement.

Deepfakes—the use of AI to manipulate images, audio, and video of humans—have triggered widespread concerns about the technology’s ability to fuel disinformation ahead of the election.

Presidential campaigns and their supporters spent $24 million on TV ads between March 6 to May 19, 2024, according to the Wesleyan Media Project, which tracks political advertising.

The FCC doesn’t have the power to regulate digital ads. About half of ad spending for the presidential race between March 6 and May 19 was for digital ads on Alphabet Inc.'s Google and Meta Platforms Inc. that would fall outside of the agency’s purview, according to Wesleyan’s analysis.