If you attended the LCOC last year then you are ahead of the game and already knew this year was going to be BIG for Artificial Intelligence, and man The Dame was right! So much is going on right now with AI when it comes to political content from tons of states passing new laws left and right and now the FCC has its sights set on AI yet again. Recall late last year the FCC issues an NOI around using AI to help protect consumers from the harms of robocalls and text. Now the FCC is proposing an NPRM to investigate creating warnings for consumers when it comes to the use of AI-generated political ads on TV and radio.

Last week Chairwoman Rosenworcel announced an interest in pursuing implementing the use of a disclosure for political TV and radio ads that use AI-generated content. Rosenworcel states “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.”

Currently, the proposal is interested in the following:

• Seeking comment on whether to require an on-air disclosure and written disclosure in broadcasters’ political files when there is AI-generated content in political ads,
• Proposing to apply the disclosure rules to both candidate and issue advertisements,
• Requesting comment on a specific definition of AI-generated content, and
• Proposing to apply the disclosure requirements to broadcasters and entities that engage in origination programming, including cable operators, satellite TV and radio providers and section 325(c) permittees.

The very next day Commissioner Carr released a strong statement opposing the effort in general, not specific to AI-generated content, but regulating political speech as a whole. Carr’s statement, shares “The FCC can only muddy the waters. AI-generated political ads that run on broadcast TV will come with a government-mandated disclaimer but the exact same or similar ad that runs on a streaming service or social media site will not? Consumers don’t think about the content they consume through the lens of regulatory silos. They just view content on screens. Will they conclude that the absence of a government warning on an online ad means that the content must be real? I don’t see how this type of conflicting patchwork could end well. Unlike Congress, the FCC cannot adopt uniform rules.” Commissioner Carr notes “The FCC’s attempt to fundamentally alter the rules of the road for political speech just a short time before a national election is as misguided as it is unlawful.”

While The Bipartisan Campaign Reform Act does provide the FCC with authority to govern TV and radio political-related content, it will be interesting to see if the majority of the Commissioners vote to move this proposed NPRM for AI-generated content forward.