Half of Americans want AI outlawed in political ads — it won’t happen soon

The rapid advancement of artificial intelligence technology has created new challenges for political advertising and election integrity in the United States, highlighting the need for comprehensive legislative reform.

Current landscape of AI misuse in politics: Artificial intelligence has been leveraged in various ways to manipulate public opinion and potentially influence electoral outcomes.

• The Republican National Committee released an “AI-generated look” ad depicting apocalyptic scenes if President Biden is re-elected, showcasing the potential for AI to create misleading visual content.
• Fake robocalls using AI-generated voices impersonating President Biden urged New Hampshire residents not to vote in the 2024 primary, demonstrating the ability of AI to mimic real individuals for deceptive purposes.
• Foreign actors, including a Russian bot farm and an Iranian group, have employed AI to generate fake social media content and comments, illustrating the global reach of AI-powered disinformation campaigns.

Slow progress on AI regulation: Despite growing concerns, the development of comprehensive regulations addressing AI in political advertising has been sluggish, particularly in preparation for the 2024 election cycle.

• The Biden administration has taken initial steps by issuing an AI Bill of Rights blueprint and an executive order on the subject.
• International efforts, such as the Senate AI summit and the UK’s AI Safety Summit, have resulted in declarations like the “Bletchley Declaration,” but concrete changes regarding AI use in U.S. political campaigns remain elusive.

Federal agency responses and limitations: Key federal agencies have attempted to address the issue of AI in political advertising, but their efforts have been constrained by various factors.

• The Federal Communications Commission (FCC) has proposed requiring AI disclosure in television and radio political ads, but these rules are unlikely to take effect before the 2024 voting begins.
• The Federal Election Commission (FEC) has stated it lacks the authority and expertise to create new rules against AI-impersonation in campaign ads, though it will enforce existing regulations against fraudulent misrepresentation regardless of the technology used.

Public opinion and regulatory challenges: There is significant public support for regulating AI-generated content in political advertising, but implementing effective regulations faces numerous obstacles.

• Over half of Americans surveyed support outlawing AI-generated content in political ads, and about half believe candidates who intentionally manipulate audio or video should be barred from holding office.
• The regulatory landscape is fragmented, with no clear agency responsible for ensuring political ads are grounded in reality and gaps in statutory authority complicating enforcement efforts.
• First Amendment protections for political speech present additional challenges to regulating AI-generated content in campaign materials.

State-level initiatives and proposed federal legislation: In the absence of comprehensive federal action, some states have taken steps to address the issue of AI in political advertising.

• Nineteen states have passed laws regulating deepfakes in elections, with California pioneering prohibitions on deceptively manipulated media in electoral contexts.
• Several federal bills have been proposed to address AI in political advertising, including the AI Transparency in Elections Act, the Honest Ads Act, and the Protect Elections From Deceptive AI Act.

Tech industry influence and recommendations: The technology industry’s role in shaping regulations and the need for more robust legislative action are key considerations in addressing AI in political advertising.

• Tech companies often benefit from regulatory confusion and have implemented voluntary policies that may be insufficient or easily circumvented.
• Recommendations for addressing the issue include passing proposed bills as a starting point, reforming the FEC to reduce partisan gridlock, regulating algorithmic amplification of misinformation, and limiting tech company influence through stronger lobbying and campaign-finance protections.

Imperative for comprehensive reform: The rapid evolution of AI technology and its potential impact on democratic processes necessitates urgent and bold legislative action.

• Congress is called upon to act decisively in reshaping political campaigning regulations to address the challenges posed by AI and other forms of election disinformation.
• The complex nature of AI-generated content and its implications for political discourse require a multifaceted approach that balances free speech protections with the need to maintain election integrity.