Comment Period Opens For FCC Rule On Political Advertising AI

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The FCC has set dates for comments around its Notice of Proposed Rulemaking concerning the use of artificial intelligence in political advertising. The rule would require FCC licensees, including radio operators, to report political ads that use generative AI.

With the NPRM being published in the Federal Register on August 5, comments must be made by September 4, with reply comments due by September 19.

Even with pressure and criticism from Republicans, FCC Chairwoman Jessica Rosenworcel stands by the proposition, saying the authority for these disclosures is derived from the 1934 Communications Act and the Bipartisan Campaign Reform Act, enabling the FCC to regulate political ad disclosures and maintain a public file on political ad purchases.

In a fact sheet about the NPRM released earlier this week, Rosenworcel says the FCC does not plan to ban AI in political ads but rather ensure that such ads are transparent, allowing voters to make informed choices without censoring content, while complementing the Federal Election Commission’s regulations for online ads.

Before adjourning for Congress’ annual August recess, an attempt by Republicans to block the FCC’s AI mandate failed as the Senate Commerce Committee voted 14-12 against an amendment by Senator Eric Schmitt (R-MO). Despite opposition, including criticisms on legal grounds and concerns about potential censorship, proponents like Senator Amy Klobuchar (D-MN) support the FCC’s efforts to enhance ad transparency.

However, further attempts by Senator Klobuchar to pass related transparency bills were rejected on the Senate floor.

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