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FCC to consider disclosure requirement for AI-generated content in political ads

By David DiMolfetta, Cybersecurity Reporter, Nextgov/FCW  MAY 22, 2024 
https://www.nextgov.com/artificial-intelligence/2024/05/fcc-consider-disclosure-requirement-ai-generated-content-political-ads/396793/


AI-made materials have already seeped into election campaigns around the world.

FCC: The Federal Communications Commission said it will consider a proposal 
requiring disclosure of AI-generated materials on radio or TV-based political 
advertisements.

Chairwoman Jessica Rosenworcel circulated the measure with her colleagues on 
Wednesday. If adopted, it would seek feedback on how to require on-air and 
written disclosure of AI-generated materials and how broadcasters, cable 
operators and other programming entities should comply with the rule.

Officials, lawmakers and researchers have repeatedly expressed concerns over 
how AI tools may supercharge election misinformation or further enable 
disinformation campaigns aimed at stifling electoral processes leading into 
November.

There’s 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 — and the proposed 
rules seek to achieve that goal,” Rosenworcel's office said in the announcement 
of the proposal.

Tech giants including Meta and Google have required similar disclosures on 
their platforms. A voluntary commitment taken up by some 20 tech firms in 
February would also see companies collaborating to create watermarking and 
detection tools to identify deceptive AI content.

The proposed measure, which the agency says is supported by agency authority 
conferred in the 2002 Bipartisan Campaign Reform Act, would be a 
first-of-its-kind mandate obligating the U.S. broadcast landscape to inform the 
public about AI content lodged in political ads that are heard on the radio or 
seen at home.

Such machine-generated materials have already worked their way into elections 
around the world.

AI-generated content has already seeped into the 2024 U.S. election process. 
Ahead of New Hampshire’s presidential primary in January, residents received a 
robocall with an AI-generated voice of President Joe Biden that told voters not 
to go to the polls.

Following outcry, the FCC issued a unanimous ruling in February deeming it 
illegal for robocalls to contain AI-generated voices, specifically.

Foreign adversaries have already been found deploying fake social media 
personas that have engaged with or provoked real-life users in an attempt to 
assess U.S. domestic issues and learn what political themes divide voters.

The National Association of Broadcasters, a trade group representing radio, TV 
and broadcast stations, did not immediately respond to a request for comment.

Top cyber and intelligence officials told a Senate panel last week that the 
U.S. is prepared to handle election interference threats later this year, but 
stressed that AI-made content will further challenge authorities in their 
ability to verify sham information.

Bipartisan legislation introduced earlier this month would push the nation’s 
top election administration agency to develop voluntary guidelines that address 
the potential impact of AI technologies on voting.

Rep. Yvette Clarke, D-N.Y. unveiled a bill last year that would mandate 
political ad disclosure requirements similar to the FCC proposal.

"The 2024 election is around the corner, and due to a lack of congressional 
action, there has been little to stem the tide of deceptive AI-generated 
content that could potentially mislead the American people. Thankfully, the 
Biden Administration is taking proactive measures to protect our democracy from 
the dangers posed by bad actors," Clarke said in a statement.

Nextgov/FCW Staff Reporter Edward Graham contributed to this report.

Editor's note: This article was updated May 22 with additional comment.

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