Federal Communications Commission Chairwoman Jessica Rosenworcel has released a fact sheet clarifying the points of the FCC’s proposal to enhance transparency in radio and television political advertisements that utilize artificial intelligence.
Given the furor around the Notice of Proposed Rulemaking, Chairwoman Rosenworcel’s sheet addresses several critical talking points of the rule, which would mandate that radio and television stations, along with other FCC licensees, have a legal obligation to report political ads that use generative AI.
Here are some clarifications Chairwoman Rosenworcel gives in the fact sheet:
Rationale Behind the Proposal
Given the rise of disinformation and public concern over AI-generated content, the FCC aims to instill a fundamental democratic value – transparency. This move is intended to bolster public trust by ensuring voters can distinguish between authentic and AI-manipulated content in political ads.
Legal Authority
With Republicans and some in the Federal Election Commission crying foul, Chairwoman Rosenworcel says the FCC’s authority to mandate these disclosures stems from the 1934 Communications Act and the Bipartisan Campaign Reform Act, which have historically empowered the FCC to regulate disclosures in political advertising. This legislative framework has enabled the FCC to mandate that broadcasters keep a publicly accessible file detailing the specifics of political ad purchases, which has been periodically updated to adapt to new media realities.
Interaction with FEC Regulations
Chairwoman Rosenworcel says the proposal does not interfere with the FEC regulations. While the FEC is considering rules for AI in online ads, the FCC’s proposal covers television and radio, complementing the FEC’s efforts without overlapping jurisdictions. She also quotes a letter from FEC Vice Chair Ellen Weintraub, praising the move, remarking, “No one agency currently has the jurisdiction or the capacity to address every aspect of this large and complicated issue.”
The current proposal does not extend to online ads due to the FCC’s limited jurisdiction over the Internet, which is primarily managed by the FEC.
Impact on AI Usage in Political Ads
The FCC does not intend to prohibit AI in political ads or restrict political speech, says Rosenworcel. The proposal focuses solely on transparency, allowing voters to make informed decisions without censoring or judging the content of the ads.
Potential for Public Confusion
As the FEC continues to deliberate on regulating online political ads, several states have already moved forward with legislation regulating AI and deepfake technology in elections, creating a patchwork of laws. Rosenworcel says the FCC’s proposal aims to bring uniformity and clarity to these efforts, enhancing transparency across all media platforms.
Implications for the Upcoming November Election
The implementation of these transparency standards is designed to be seamless for political campaigns, building on existing disclosure practices. This continuity ensures that the new rules can be integrated without disrupting ongoing electoral processes, while also equipping voters to combat potential disinformation more effectively.
The FCC is currently in the stage of collecting public feedback on the proposal.
