An effort by Republicans to stop the FCC from mandating disclosures of artificial intelligence usage in political ads has faltered, as tensions rise about the upcoming election and who can regulate generative AI transparency in political ads.
In an Executive Session, the Senate Commerce Committee voted 14-12 against an amendment, submitted by Senator Eric Schmitt (R-MO), to another AI-related bill which would have prohibited the FCC from implementing its proposed rule.
Under Chairwoman Jessica Rosenworcel, the FCC has proposed regulations aim to unify state efforts addressing AI and deepfake technologies in elections in a Notice of Proposed Rulemaking. These rules would not ban AI-generated content but would require broadcasters to disclose its use through on-air announcements and entries in their political files.
Amid criticism from members of the Federal Election Commission and DC Republicans, Chairwoman Rosenworcel says these measures build on longstanding requirements for broadcasters to publicly log political ad details, enhancing transparency about the authenticity of ad content.
Sen. Schmitt said that the FCC lacks the legal authority for this requirement that it could lead to censorship. Of those dissenting, Senator Amy Klobuchar (D-MN) made it clear that she was in full support of FCC’s measure. However, Sen. Klobuchar’s effort to secure unanimous consent for two bills designed to increase transparency in the use of AI in political advertising were shot down later that day on the Senate floor.
The move comes as Republican senators, including Cynthia Lummis (R-WY) and Mike Lee (R-UT), are advancing legislation titled the “Ending FCC Meddling in Our Elections Act” to block Chairwoman Rosenworcel’s proposal.
The bill explicitly prohibits the FCC from implementing or enforcing any rules related to this proposal, which targets radio and television broadcasters, cable operators, and satellite TV and radio providers by mandating on-air and written disclosures in political advertising files.
With Congress now on recess until September 9, there is little that can be done in the way of legislation to block the FCC NPRM for political AI transparency until then.
