Broadcasters Troubled by Rosenworcel's Proposed AI Ads Disclosure Rules

WASHINGTON, Oct. 15, 2024 - A plan by federal regulators to take the first step toward regulating AI political ads on radio and TV keeps running into opposition and concerns from various media outlets.

A group of television and radio broadcasters has expressed concerns a over proposed rulemaking advanced by Chairwoman Jessica Rosenworcel that would mandate the disclosure of artificial intelligence tools in political advertising.

The group – which included the National Association of Broadcasters, DirecTV and the Big Four networks (ABC, CBS, NBC and Fox) noted that the Federal Communications Commission’s proposed AI disclosure rules could degrade the First Amendment and confuse consumers.

The rules, proposed by Rosenworcel in May, would require broadcasters to provide on-air disclosures when AI was used in political ads.

NAB noted in comments filed Friday with the FCC that a rulemaking of this scope would require authorization from Congress, and that the FCC’s approach in the pending proposal would violate the First Amendment.

NAB and satellite TV operator DirecTV shared the position that mandatory AI disclosures could also confuse consumers that view political advertising on both traditional media outlets and social media. 

“The proposed rules could only be applied to a portion of the political advertising ecosystem, leaving out all online political advertising outlets and creating confusion that will disserve the rule’s stated purpose,” said DirecTV Senior Vice President of External Affairs Stacy Fuller.

The big four networks asserted that the issues associated with required AI disclosures would be magnified if the rules were applied to advertisements delivered on a network feed or syndicated program.

The group noted that political advertising orders on network feeds and syndicated programs are often not finalized until the hours before it is expected to air, a situation that does not allow networks to inquire about content that includes AI or add any disclosures.