Two top Federal Election Commission officials are divided on whether radio and television political ads should be required to disclose whether content is generated by artificial intelligence (AI).
FEC Vice Chair Ellen Weintraub on Thursday supported a May proposal by U.S. Federal Communications Commission (FCC) Chair Jessica Rosenworcel, who asked the commission to come up with a proposed rule that would require disclosure of artificial intelligence content in both candidate and issue announcements. FEC Chairman Sean Cooksey criticized the plan.
The proposal would not prohibit AI-generated content in political advertising.
There are growing concerns in Washington that AI-generated content could mislead voters in November’s presidential and congressional elections. The FCC said artificial intelligence will likely play a significant role in political advertising in 2024.
Rosenworcel noted the potential for misrepresentation of “deep fraudulent news” or “altered images, videos or audio recordings of people doing or saying things they did not actually do or say.”
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“This is about disclosure,” Rosenworcel said Thursday, arguing that the FCC has required disclosures since the 1930s and has sufficient legal authority. “We have decades of experience in this.”
Weintraub stated in a letter to Rosenworcel that “the public would benefit from greater transparency regarding the utilize of AI-generated content in political advertising.”
She said it would be beneficial for both the FEC and FCC to take regulatory action. “It’s time to act,” Weintraub said.
Cooksey, however, said mandatory disclosure “would directly conflict with existing law and regulations and wreak havoc on political campaigns ahead of the upcoming election.”
The rule would require on-air and written disclosures and would cover cable operators, satellite television and radio providers. The FCC does not have the authority to regulate internet or social media advertising or streaming services. The agency has already taken steps to combat the misleading utilize of artificial intelligence in automated political calls.
Republican FCC Commissioner Brendan Carr criticized the proposal, stating that “the FCC can only muddy the waters. “AI-generated political ads shown on TV will come with a government-imposed disclaimer, but they will be the exact same or similar ads that run on the streaming service, or the social media site won’t?”
Election AI content gained attention in January after a fraudulent robocall imitating President Joe Biden was intended to dissuade people from voting for him in the Recent Hampshire Democratic primary, prompting the state to charge the Democratic political consultant behind it calls.
