The Federal Communications Commission is announcing a new agency proposal that, if adopted, would look into whether the agency should require disclosure when there is AI-generated content in political ads on radio and TV. If adopted, this proposal aims to increase transparency by: 1) 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; 2) Proposing to apply the disclosure rules to both candidate and issue advertisements; 3) Requesting comment on a specific definition of AI-generated content, and 4) 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. Chairwoman Jessica Rosenworcel says, “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.” However, Republican Commissioner Brendan
Carr opposes the move, saying, “There is no doubt that the increase in AI-generated political content presents complex questions, and there is bipartisan concern about the potential for misuse. But none of this vests the FCC with the authority it claims here. Indeed, the Federal Election Commission is actively considering these types of issues, and legislators in Congress are as well. But Congress has not given the FCC the type of freewheeling authority over these issues that would be necessary to turn this plan into law. And for good reason. 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.”
