Comments to the FCC on AI-Generated Content in Political Ads

The Center submitted comments to the Federal Communications Commission (FCC) regarding the disclosure and transparency of AI-generated content in political advertisements. The FCC is proposing to require all broadcasters to provide an on-air announcement disclosing the use of AI-generated content in political ads. Specifically, the FCC proposes “to require that all radio and television broadcast stations that air political ads inquire whether political ads scheduled to be aired on their stations contain AI-generated content and provide an on-air announcement for all such ads disclosing the use of AI-generated content in the ad.” This requirement would make an arbitrary distinction between AI-generated content and non-AI-generated content, which could both discourage the legitimate use of the technology and mislead the public as to the veracity of political ads. A better approach would be to require disclosure of “materially deceptive media” used in political ads, regardless of the technology used to create such content. However, even these requirements would be more appropriately addressed by state and federal election laws to create consistent requirements for all election ads, such as those shared via online streaming platforms and on social media, not just those distributed on platforms controlled by broadcasters and other entities regulated by the FCC.