New FCC Rules Would Require Notice of AI-Generated Content in Political Ads

Jessica Rosenworcel, chairwoman of the Federal Communications Commission, testifies during a House Energy and Commerce Committee Subcommittee hearing in Washington on March 31, 2022. (Kevin Dietsch/Getty Images)

Americans may soon hear disclaimers about the use of artificial intelligence in political ads.

On July 25, the Federal Communications Commission (FCC) issued a notice of proposed rulemaking requiring FCC-licensed broadcasters to “provide an on-air announcement for all political ads that include AI-generated content disclosing the use of such content in the ad.”

Additionally, the broadcasters would be mandated to publish disclosures in their online political files specifying that certain ads contain AI-generated content.

“We are not proposing to ban or otherwise restrict the use of AI-generated content in political ads,” the July 25 FCC notice said. “Rather, we are simply seeking to ensure that listeners and viewers are informed when political ads include such content so that the public can evaluate such ads for themselves.”

The FCC, created by the Federal Communications Act of 1934, is the federal agency charged with implementing and enforcing national communications law. It regulates interstate and international communications by radio, television, wire, satellite, and cable in the United States.

In a statement on the rule making, Chairwoman Jessica Rosenworcel said the FCC is taking a significant step to “guard against AI being used by bad actors to spread chaos and confusion in our elections.”

In 2024, AI is already playing a small role in politics. Ms. Rosenworcel cited examples of AI robocalls mimicking President Joe Biden’s voice to target New Hampshire voters and Gov. Ron DeSantis’ presidential campaign circulating “fake AI-altered images” of former President Donald Trump.

“Voters deserve to know if the voices and images in political commercials are authentic or if they have been manipulated,” she said in an undated statement.

Existing State Laws

California, Idaho, Indiana, Michigan, Minnesota, New Mexico, Oregon, Texas, Utah, Washington, and Wisconsin have already passed legislation regulating the use of deepfakes in political ads, according to the FCC notice. A deepfake is a manipulated video, or other digital representation, produced by AI deep learning technology to create seemingly realistic but fabricated images and sounds.

The Epoch Times previously reported that deepfakes could become a dangerously effective tool in political discourse as they appear to show public and private figures saying and doing things they never said or did.

Pamela Rutledge, director of the Media Psychology Research Center, told The Epoch Times the human brain is wired to trust what it sees as real. The proliferation of deepfake videos will inherently challenge people’s perceptions of reality.

In a dissenting statement, FCC Commissioner Brendan Carr called the agency’s proposed rule an “attempt to fundamentally alter the regulation of political speech just a short time before a national election.”

Mr. Carr said the AI proposal echoes a Democratic National Committee-backed initiative to “impose new controls on political speech before voters hit the ballot boxes this fall.” He cited reports that the Democrats are concerned about falling behind on AI-powered technologies in the 2024 election.

Furthermore, Mr. Carr said the FCC lacks the statutory authority to mandate the disclosures. That authority falls to the FEC, he said.

“Far from promoting transparency, the FCC’s proposed rules would mire voters in confusion, create a patchwork of inconsistent rules, and encourage monied, partisan interests to weaponize the law for electoral advantage,” Mr. Carr said.

In a social media post, FEC Chair Sean Cooksey echoed Mr. Carr’s comments.

“Every American should be disturbed that the Democrat-controlled FCC is pushing ahead with its radical plan to change the rules on political ads mere weeks before the general election,” Mr. Cooksey said in a July 25 X post.

The FCC is led by five commissioners, comprising three Democrats and two Republicans.

It remains unclear how soon the rulemaking process may conclude and when any new AI identification statements or disclosures would be required in political advertising.

Representatives of the FCC did not respond to requests for comment before publication.