The Federal Communications Commission (FCC) on Thursday suggestion Require creators of political advertisements to disclose their use of artificial intelligence.
The rules mean broadcast TV, radio and cable advertisers will be required to disclose their use of AI technology to generate sound and images amid concerns that the rapidly advancing technology could be used to mislead voters as the 2024 election approaches.
“Today, the FCC took a major step to prevent bad actors from using AI to sow confusion and chaos in our elections,” FCC Chairman Jessica Rosenworcel said in a statement. “The likelihood that AI will manipulate the audio and images in political ads is high, and we cannot afford to do nothing. The public has a right to know when candidates and campaigns use AI to create their ads.”
The bill passed on a 3-2 vote and will now go through a 45-day public comment period, followed by a 15-day response period, before commissioners finalize the rules. It’s unclear whether that process will allow enough time for the rules to go into effect before the November election.
The new rules proposed in May would not completely ban the use of AI in political ads: They would apply to both candidate and policy ads, but not to online ads or ads that appear on streaming services, according to the filing.
The proposal specifically points to the risk of “deepfakes” — AI-generated images or voices that are intended to mimic real people. AI skeptics warn that these digitally created images and voices could lead voters to believe candidates did or said things they did not.
Deepfake voice technology was already banned by the FCC earlier this year from being used in automated political phone calls after a group trying to reduce voter turnout in the New Hampshire primary impersonated President Biden.
“Bad actors are already using AI technology in robocalls to deceive consumers and misinform the public, which is why we want to put rules in place to help consumers avoid these nuisance calls and make informed decisions,” Rosenworcel said in a statement last week.
Commissioner Brendan Carr, an appointee of former President Trump, voted against the proposal, citing concerns about timing and partisanship. He echoed concerns expressed by FEC Chairman Sean Cooksey, a Republican, who said the restrictions infringe on the commission’s jurisdiction and could lead to litigation.
“We are in the final stages of a national election – so close, in fact, that comment on this process is still open through September, when early voting begins in states across the country,” Carr said in a statement. “If there was ever a moment for federal agencies to show restraint in regulating political speech and ensure that their authority is operating within the bounds of legal authority, this is it.”
“This is just going to create confusion,” he continued. “Even if this rulemaking is completed with unprecedented speed, the new rules will likely not go into effect until early voting begins, and the FCC will only create more confusion.”
