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FCC Proposes AI Disclosure Rules For Political Advertisers

People are reflected in a window of a hotel at the Davos Promenade in Davos, Switzerland, Jan. 15, 2024. The Federal Communications Commission has advanced a proposal that would require politic

The Federal Communications Commission (FCC) has put forth a proposal that would mandate political advertisers to reveal their utilization of artificial intelligence (AI) in broadcast television and radio ads. The proposed rules aim to enhance transparency in political campaigning by addressing concerns about AI-generated media in ads that could mislead voters.

The FCC's chairwoman emphasized the importance of informing the public about the potential manipulation of voices and images in political advertising through AI technology. The proposed regulations would require broadcasters to inquire whether AI tools were used in creating political ads, such as text-to-image generators or voice-cloning software.

If the proposal moves forward, broadcasters would need to make on-air announcements when AI-generated content is featured in political ads and disclose the use of AI in their online political files. However, the FCC's jurisdiction would not extend to streaming platforms, leaving digital political advertising unregulated at the federal level.

Following a 3-2 vote by the commission, the proposal will undergo a 30-day public comment period, followed by a 15-day reply period before potential finalization. The timeline for implementation before the upcoming presidential election remains uncertain.

While the FCC asserts its authority under existing laws to regulate AI in political ads, there is opposition from the Federal Election Commission (FEC). The FEC chairman has raised concerns about potential conflicts between agencies and the timing of implementing new rules close to the election.

Despite disagreements within the regulatory bodies, advocates support the FCC's initiative to address the use of AI in political advertising. Public Citizen and some lawmakers have expressed the need for transparency to combat the spread of misinformation and deepfakes in election campaigns.

As federal agencies navigate the regulation of AI in politics, states have taken independent actions to enact laws governing AI use in campaigns and elections. The evolving landscape of AI technology in political advertising continues to pose challenges for regulators seeking to uphold transparency and integrity in the electoral process.

In conclusion, the FCC's proposal marks a significant step towards addressing the impact of AI on political advertising, with ongoing debates and legal considerations shaping the future regulatory framework in the realm of digital campaigning.

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