Rosenworcel Proposes AI Disclosure in Political Ads

May 22, 2024 – Federal Communications Commission Chairwoman Jessica Rosenworcel issued a proposal Wednesday that, if adopted, would consider whether the agency should adopt regulation that would instruct media companies to disclose the use of artificial intelligence in political advertisements. 

The proposal would seek consumer input on whether broadcaster’s should provide on-air or written disclosures when AI is used. Additionally, the proposal would seek comment on the specific definition of AI-generated content.

To increase transparency, the proposal mandates on-air and written disclosure in broadcasters' political files for AI-generated content in political ads, applies the rules to candidate and issue ads and applies the requirements to broadcasters and origination programming entities consisting of cable operators, satellite TV and radio providers. 

Rosenworcel expressly stated that the proceeding, “does not propose any prohibition of such content, only the disclosure of any AI-generated content within political ads.” 

“As artificial intelligence tools become more accessible, the Commission wants to make sure consumers are fully informed when the technology is used,” said Rosenworcel, adding that her proposal would “make clear consumers have a right to know when AI tools are being used in the political ads they see.” 

Because of the rapid rise in AI use, the increased use of artificial intelligence in political advertisements may mislead voters, said the FCC in its release. The Bipartisan Campaign Reform Act provides the FCC with authority to regulate political advertising.

Think tank Public Knowledge issued a statement following the proposal expressing its support of the motion. “It is encouraging to see the Commission taking this first step towards rules that will protect our democracy and public dialogue.”

It added that “disclosures and watermarks are not a silver bullet for disinformation, but applying them to political advertising on these critical communications channels protects a vital public interest and is a commonsense step for preventing deceptive political advertisements.”