US Election Officials Divided on AI Disclosure Rules for Political Ads

The Federal Election Commission (FEC) is currently divided on the issue of whether political advertisements on broadcast radio and television should be required to disclose if the content is generated by artificial intelligence (AI).

This debate has been brought to the forefront by a proposal from Jessica Rosenworcel, Chairwoman of the US Federal Communications Commission (FCC), which suggests that political ads should include a disclosure if they contain AI-generated content. The proposal aims to address concerns that AI-generated content could mislead voters, particularly as the 2024 presidential and congressional elections approach.

Jessica Rosenworcel’s proposal seeks to mandate disclosures for AI-generated content in political advertisements. The rule would require broadcasters to inform viewers when AI has been used to create any part of the ad. Rosenworcel’s proposal is not about banning AI in ads but ensuring transparency so voters can make informed decisions.

Rosenworcel argues that the FCC has a long history of requiring disclosures, dating back to the 1930s, and possesses the legal authority to enforce such rules. She emphasizes that the potential for AI-generated “deepfakes”—manipulated videos, audio, or images that depict people saying or doing things they never actually said or did—poses a significant risk to the integrity of the electoral process. Ensuring that viewers are aware when AI is used in political ads would help maintain trust and transparency in elections.

Ellen Weintraub, Vice Chair of the FEC, has expressed strong support for Rosenworcel’s proposal. In a letter to the FCC chairwoman, Weintraub stressed the importance of transparency and the public’s right to know when AI-generated content is used in political advertisements. She believes that both the FEC and FCC should collaborate on regulatory efforts to address this issue.

Weintraub argues that transparency in political ads is essential for a healthy democracy. She suggests that disclosing AI-generated content will help prevent manipulation and deception, ensuring that voters can critically evaluate the information they receive. According to Weintraub, it is crucial to act now to safeguard the electoral process from the potential dangers posed by AI-generated misinformation.

Despite the support from Weintraub and others, there is significant opposition to the proposal within the FEC. Commissioner Sean Cooksey has voiced concerns that mandatory AI content disclosures could conflict with existing laws and regulations, potentially leading to confusion and chaos for political campaigns. Cooksey argues that new regulations might complicate campaign operations and create unintended legal and logistical challenges.

Additionally, Republican FCC Commissioner Brendan Carr has criticized the proposal, highlighting a potential inconsistency in regulatory scope. The FCC’s authority does not extend to internet or social media ads, nor to streaming services. Carr pointed out that AI-generated political ads on broadcast TV would be subject to government-mandated disclaimers, while identical ads on digital platforms would not. This discrepancy, he argues, could undermine the effectiveness of the disclosure rule and create a fragmented regulatory landscape.

The debate over AI content in political ads is set against a backdrop of increasing concern about the role of AI in elections. The FCC has acknowledged that AI is likely to play a substantial role in the 2024 political ads, with the potential for AI-generated content to mislead voters.

This concern is not without merit; a recent incident in January brought significant attention to the issue. A fake robocall, mimicking President Joe Biden, attempted to dissuade voters in New Hampshire’s Democratic primary. The incident led to charges against a Democratic political consultant, illustrating the real-world implications of AI misuse in political contexts.

As the FEC and FCC navigate this complex issue, several considerations will shape the outcome. Proponents of the disclosure rule argue that transparency is essential to protect the democratic process from AI-driven manipulation. They believe that voters have a right to know when AI is used in political messaging, allowing them to critically evaluate the content they encounter.

Opponents, however, caution against the potential for regulatory overreach and unintended consequences. They argue that existing laws and regulations provide sufficient safeguards against misleading content and that additional rules might create more problems than they solve.

Finding a balanced approach that ensures both transparency and practical feasibility will be crucial as the FEC and FCC move forward. This involves addressing concerns about regulatory conflicts and operational challenges while maintaining a focus on protecting the integrity of the electoral process.

One potential solution could be to develop a tiered disclosure system that differentiates between various media platforms, ensuring that AI-generated content is transparently disclosed across all forms of political advertising without causing undue burden on campaign operations. Additionally, fostering collaboration between regulatory agencies, technology companies, and political campaigns could help create a comprehensive framework that addresses the unique challenges posed by AI in the electoral context.

The split within the FEC over AI content disclosure in political ads reflects broader tensions about the role of technology in modern elections. While transparency advocates push for new regulations to protect voters, opponents warn of potential legal conflicts and practical challenges.

As AI continues to evolve and its influence on political communication grows, finding a balanced approach that ensures both transparency and practical feasibility will be crucial. The outcome of this debate will likely have significant implications for the integrity of future elections and the role of AI in the democratic process. The FEC and FCC must navigate these challenges thoughtfully to uphold the principles of transparency and fairness in an increasingly digital political landscape.