FCC Chair Jessica Rosenworcel has come under fire for her proposal that labels be added to radio and television political commercials created with the help of artificial intelligence. But she is also getting some praise from a dozen House Democrats who say the Federal Communications Commission is on the right track with a proposal that they say promotes transparency in political ads.
“We believe that this action is necessary considering the growing impact of generative AI tools on our electoral process,” the lawmakers write in a joint letter. “While AI is not new, the speed at which we are witnessing the deployment of generative AI is staggering. During this election season, we have already seen AI deployed to manipulate, confuse, and misinform voters.”
The group of House members, which includes Energy and Commerce Committee Ranking Member Frank Pallone (D-NJ) and Communications and Technology Subcommittee Ranking Member Doris Matsui (D-CA), and all 10 other Democratic Subcommittee members, point to recent examples of AI-generated content in robocalls and campaign ads and cautioned that the use of AI is likely to increase as the general election gets closer. The group also believes the FCC has the authority to act, saying the new proposed transparency requirement follows FCC’s 80-year precedent of requiring political advertising disclosures to ensure Americans are fully informed about the content on radio and television.
The lawmakers also write that some of the largest tech companies have committed to help prevent deceptive AI content from interfering with global elections, and some of the largest online ad platforms have instituted new policies to require campaigns and other ad-buyers to disclose when generative AI is used. But similar disclosures do not currently exist on traditional platforms, like television and radio, and that is why the group says the new FCC rule is necessary.
“That is why we are supportive of your common-sense proposal to build upon the FCC’s 80-year history of requiring political advertising disclosures,” the lawmakers write. “These new requirements will fit neatly within existing FCC, broadcaster, and campaign processes, and will uniformly apply to federal, state, and local political ads.”
Rosenworcel first circulated her proposal in May. The idea has come under fire, including from inside the government. Sean Cooksey, the Trump appointee now chairing the Federal Election Commission, has asked the FCC to back off. He says the proposal would “invade the FEC’s jurisdiction,” as well as “directly conflict” with existing law and regulations. Cooksey says if the FCC goes forward with its rulemaking, it would “sow chaos” among political campaigns for the upcoming election.
Under the proposal (MB Docket No. 24-211), the FCC is considering rules that would require every station that airs political ads to ask buyers whether their spots contain any AI-generated content. Specifically, a station would be required to inform the buyer, at the time an agreement is reached to air a political ad, that the station is required to make an on-air disclosure for any political ad that includes such AI-generated content. Stations would also be mandated to inquire whether the ad includes AI-generated content. If yes, a disclosure will be needed.
For radio ads, the FCC proposes an on-air announcement in a “voice that is clear, conspicuous, and a speed that is understandable.” The proposed disclosure for radio ads would state that, “The following message contains information generated in whole or in part by artificial intelligence.”
The FCC also proposes to require that stations include in their online political files a notice disclosing the use of AI-generated content for each political ad using the same standardized language as used on-air.
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