The FCC may require AI labels for political ads

The Federal Communications Commission (FCC) might be stepping up the country's AI enforcement mechanisms, as the organization explores new rules for disclosing the use of AI in political ads.

According to a new Notice of Proposed Rulemaking released this week, the commission is beginning initial investigations into nationwide requirements for labeling AI used in political advertising on TV and radio. The FCC will explore mandates for live, on-air and written AI disclosures and, most divisively, will work to define the scope of "AI-generated content."

Proposed rules could apply to cable operators, satellite TV providers, and radio providers, but would not affect internet streaming services.

"The use of AI is expected to play a substantial role in the creation of political ads in 2024 and beyond, but the use of AI-generated content in political ads also creates a potential for providing deceptive information to voters, in particular, the potential use of 'deep fakes' – altered images, videos, or audio recordings that depict people doing or saying things that did not actually do or say, or events that did not actually occur," the FCC writes. The rules would leverage powers provided to the FCC via the Bipartisan Campaign Reform Act.

FCC chairwoman Jessica Rosenworcel called on fellow regulators to explore AI safety in the proposal's news release, writing, "As artificial intelligence tools become more accessible, the Commission wants to make sure consumers are fully informed when the technology is used. Today, I’ve shared with my colleagues a proposal that makes clear consumers have a right to know when AI tools are being used in the political ads they see, and I hope they swiftly act on this issue.”

Notably, the FCC's proposal isn't exploring an outright ban of AI-altered content in political advertising, despite growing concern, and the proposed rule making process will not result in a finalized set of requirements for at least several months.

Until then, the onus for AI labeling sits with individual companies and AI developers themselves.