Last week, the FCC, on a 3-2 party-line vote, released a Notice of Proposed Rulemaking regarding the need to include labels on political advertising containing “AI.” Issuing a Notice of Proposed Rulemaking is the first step in the regulatory process. The proposed rules do not become effective until a final order is adopted by the FCC.
It is likely that public comments will not be due until September and Reply Comments in October. Bottom line, it is unlikely that any new FCC political AI rules will become effective before the November election. Thus, during this election cycle, stations should continue to operate under the existing FCC regulations.
Nonetheless, the proposed FCC rules would place additional burdens on broadcasters.
"We initiate this Notice of Proposed Rulemaking (NPRM) to provide greater transparency regarding the use of AI-generated content in political advertising. Specifically, we propose to require radio and television broadcast stations, cable operators.......to provide an on-air announcement for all political ads that include AI-generated content disclosing the use of such content in the ad. We also propose to require these licensees and regulatees to include a notice in their online political files for all political ads that include AI-generated content disclosing that the ad contains such content. To be clear, we are not proposing to ban or otherwise restrict the use of AI generated content in political ads. Rather, we are simply seeking to ensure that listeners and viewers are informed when political ads include such content so that the public can evaluate such ads for themselves."
The FCC is proposing that stations include such labels immediately before or during paid political advertising. While the commission is soliciting comments on the label’s language. It suggests the following label: “The following message contains information generated in whole or in part by artificial intelligence."
Of note, the FCC has historically precluded stations from editing and/or adding labels to political ads purchased by a candidate or an authorized candidate’s campaign committee. The Commission is now proposing that the proposed political AI label could be placed in or right before an advertisement purchased by a candidate or the candidate’s authorized campaign committee. This is a significant change in policy. If adopted, it would treat such candidate ads the same as issue ads and ads purchased by third parties.
The commission is also proposing that stations include in their online political files a notice disclosing the use of AI-generated content for each political ad that contains such content. It is proposing to use the standardized label mentioned above.
One critical question is how the FCC’s proposal will fit with the New York political AI law. The FCC is proposing that stations place a label on political ads that include Artificial Intelligence. New York Law will require stations to include labels on ads that contain materially deceptive media made with AI. While New York's Political “AI” Law defers to Federal Law, the FCC’s notice does not address this issue. Stations need not worry about this problem at this point, as it is unlikely the FCC’s new rules will become effective before the November election.
We will keep you informed as the FCC moves forward.
You can see the FCC’s proposed AI Rule here.