Democratic Senators Urge FCC to Pass Proposal for AI Political Ads

FCC considers AI disclosure rule for political ads: The Federal Communications Commission is weighing a proposal to require broadcasters to disclose the use of artificial intelligence in political advertisements as the 2024 presidential election approaches.

• Democratic senators, led by Sen. Ben Ray Luján of New Mexico, have urged the FCC to adopt the proposed rules, emphasizing the urgency given the proximity of the election and the fact that some states have already begun early voting.
• The proposal, introduced by FCC Chairwoman Jessica Rosenworcel in July, would mandate broadcasters to inquire about AI-generated content in political ads and disclose this information to viewers.
• The proposed rule would only apply to radio and TV advertisements, not online or streaming content, due to the FCC’s limited authority in those areas.

Political divide and opposition: The proposal has faced resistance from Republican lawmakers and FCC commissioners, highlighting the partisan nature of the debate surrounding AI regulation in political advertising.

• Sen. Eric Schmitt, a Republican from Missouri, attempted to block the proposal after its introduction.
• FCC Commissioner Brendan Carr suggested the rule could be an attempt to influence the 2024 election in favor of Democrats, an accusation Rosenworcel has denied.
• The Federal Election Commission is split on the issue, with the Republican chairman opposing the FCC plan and the Democratic vice chairman supporting it.

Broader context of AI regulation: The FCC’s proposed rule is part of a larger effort to address the potential risks and impacts of AI technology in various aspects of public life and communication.

• The agency has already taken steps to combat AI-related scams, including making the use of AI in common robocall scams illegal.
• The FCC has also proposed rules requiring disclosure of AI-generated voices in legal robocalls.
• In a recent enforcement action, the agency fined a political consultant for using a deepfake of President Joe Biden’s voice to discourage voter participation in the New Hampshire primary.

Timeline and implementation challenges: The FCC faces a tight schedule if it aims to implement the rule before the November 5 presidential election.

• Reply comments on the measure are due on Thursday, September 21, 2024.
• The proposal is not currently scheduled for consideration at the agency’s September 26 meeting.
• Chairwoman Rosenworcel has not provided any specific information about the approval timeline, leaving uncertainty about whether the rule will be in place for the upcoming election.

Potential impact and rationale: Proponents of the rule argue that it would provide necessary transparency for voters and protect the integrity of political discourse.

• Rosenworcel emphasized the importance of disclosing manipulated images in political advertisements, stating that such transparency would allow viewers to make informed choices as citizens and voters.
• The proposed rule aims to help the public understand the effect of AI-generated content on civic life and the economy.

Looking ahead: As AI technology continues to evolve and its use in political advertising becomes more prevalent, the debate over regulation and transparency is likely to intensify.

• The outcome of this proposal could set a precedent for future regulation of AI in political communications and advertising.
• The effectiveness of such rules in combating misinformation and maintaining electoral integrity will be closely watched by policymakers and the public alike.