FCC Proposes Mandatory Disclosure of AI-Generated Content in Political Advertising

The Federal Communications Commission (FCC) has proposed a new requirement that political ads disclose the use of AI-generated content, though it will not ban such content outright. Chairwoman Jessica Rosenworcel announced this proposal on Wednesday, suggesting the FCC investigate and gather public input on the potential rule. Previously, the agency deemed AI-generated robocalls illegal; however, this decision focused more on their non-compliance with general automated call regulations than on the AI aspect itself.

“Consumers deserve transparency regarding the use of AI tools in the political advertisements they encounter, and I urge the commissioners to act promptly on this matter,” Rosenworcel stated in a formal announcement.

Under this proposed framework, all candidate and issue advertisements would be required to include disclosures — both on-air and in filed documents — indicating the presence of AI-generated content. This requirement would specifically apply to traditional cable operators, satellite TV, and radio providers; however, it would not extend to streaming platforms like YouTube, which the FCC cannot regulate due to statutory limitations. An agreed-upon definition of AI-generated content is a prerequisite for this regulation to advance.

This proposal marks the preliminary, fact-finding phase of potential new regulations. If the proposal moves forward, the FCC will seek public comment on its necessity, how AI-generated content should be defined, and other relevant aspects. Unlike formal rule-making processes, proposals of this kind can be voted on at any time, making it hypothetically possible (though unlikely) for the commission to move forward with approval by the end of Wednesday.

The FCC document emphasizes a "clear public interest obligation for Commission licensees, regulatees, and permittees to protect the public from false, misleading, or deceptive programming and to promote an informed public."

It is reasonable to assume that many consumers would appreciate knowing whether any visuals, audio, or elements in a political ad are AI-generated. This potential rule could deter low-effort manipulation and assist in identifying unscrupulous entities, such as the company behind fraudulent calls related to Joe Biden.

I’ve reached out to the FCC to clarify how this rule might interact with regulations from the Federal Trade Commission and the Federal Election Commission, which oversee advertising and campaign rules, respectively, as well as to inquire when we might expect this proposal to take effect.

Stay tuned for any updates on this developing story.