As the FCC deliberates a rulemaking over artificial intelligence usage in poltical ads, states are making laws to protect their constituents. This comes as the NAB and broadcasters express their concerns about the Commission exceeding its jurisdiction.
In its filing, the NAB wrote, “Many states have already passed legislation regulating the use of AI or other synthetic media to mislead audiences in political communications, and other states and the U.S. Congress are considering legislative action.” As it stands, nearly half the states in the US have enacted or are considering such laws. Specifically, nineteen states have already passed laws targeting deepfakes and AI use concerning elections.
Texas became the first state in 2019 to ban the creation and distribution of deepfake videos meant to harm a candidate or affect an election outcome.
Since then, other states have released similar laws, with the difference of being time-sensitive. California passed a law in 2019 prohibiting the dissemination of audio or video designed to mislead voters or damage a candidate’s reputation, but only within 60 days of an election. Minnesota and Michigan have followed suit and made that timeframe within 90 days of an election.
Similar to what the FCC would require should the NPRM pass, New Mexico, Florida, Utah, Indiana, and Wisconsin now mandate that any political advertisements featuring AI-generated material must include a disclosure to inform voters.
Seven other states, including Pennsylvania, Massachusetts, and North Carolina, are in the process of evaluating bills that would require clear disclosures when AI-modified media of candidates is used. Delaware has gone a step further, with a bill aimed at banning deepfakes intended to sway elections already passed and awaiting the governor’s signature.
Not all states have been successful; attempts to pass similar AI regulations in places like Alaska, Oklahoma, and Louisiana have faced setbacks or have been halted.
How the FCC will respond to the thousands of comments from citizens, broadcasters, organizations, and legislators for and against its proposed AI disclosure rule, will be determined after the final public reply submission deadline on October 11.
