FCC Defies GOP & FEC, Moves Ahead On AI Ad Disclosure Rule

Despite scorching opposition from the Federal Election Commission and Republicans on Capitol Hill, the FCC is moving forward with AI transparency requirements for political advertisements on radio and television.

The Notice of Proposed Rulemaking seeks to standardize the diverse regulations across states that have begun to tackle the use of AI and deepfake technology in elections. This proposal does not ban AI-generated content but ensures that consumers are aware of its use, requiring both on-air and written disclosures in broadcasters’ political files for AI-generated content in political ads.

FCC Chairwoman Jessica Rosenworcel states that the FCC, leveraging authority granted by Congress, has historically mandated that broadcasters maintain a publicly available file of political ads, detailing sponsorship, cost, and scheduling. The new rule aims to extend these transparency measures to include AI usage in ads, thereby informing the public about the authenticity of the content they consume.

“Today the FCC takes a major step to guard against AI being used by bad actors to spread chaos and confusion in our elections. We propose that political advertisements that run on television and radio should disclose whether AI is being used,” said Chairwoman Jessica Rosenworcel. “There’s too much potential for AI to manipulate voices and images in political advertising to do nothing. If a candidate or issue campaign used AI to create an ad, the public has a right to know.”

FCC Commissioner Anna Gomez agreed, saying, “There is no getting around the fact that AI has fast become an integral element of almost every business, including advertising. Political and issue advertisements can be a critical channel for political candidates and other stakeholders to share their message with the listening and viewing public and thus an important form of civic engagement as citizens seek to understand the issues and discern the facts most important to their lives.”

But sharp criticism against the NPRM continues.

FEC Chairman Sean Cooksey was extremely critical of the original announcement, saying it would “sow chaos” in the upcoming election and claiming the regulations infringe on the FEC’s exclusive jurisdiction. Instead of encroaching on FEC jurisdiction, Rosenworcel says the NPRM complements the FEC’s efforts by covering areas outside the FEC’s jurisdiction, such as broadcast media which includes television and radio.

Cooksey’s chaos sentiments were echoed again by FCC Commissioner Brendan Carr who said, “This is a recipe for chaos. Even if this rulemaking were completed with unprecedented haste, any new regulations would likely take effect after early voting already started. And the FCC can only muddy the waters.” He added, The Democratic National Committee is now working to change the rules of the road in the run-up to the 2024 election.”

Commissioner Nathan Simington also dissented, stating, “Why risk stepping in front of an ongoing rulemaking of a sister agency, addressing squarely the same question, over that agency’s objection, relying on uncertain authority? I worry that the answer must be political. The rules this item proposes threaten simultaneously to accomplish too much and not enough, leaning all the while on irrelevant or weak authority, in direct defiance of a sister agency’s legitimate concerns.”

Republican lawmakers are also attempting to block the FCC. Senators Cynthia Lummis (R-WY) and Mike Lee (R-UT) introduced a bill to Congress titled the “Ending FCC Meddling in Our Elections Act.” The bill seeks to prevent the FCC from implementing or enforcing any rules concerning the disclosure of AI-generated content in political ads on radio or TV.