Center for American Progress

CAP Comment on the FCC’s Proposed Rule for the Disclosure of AI-Generated Content in Political and Issue Ads
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CAP Comment on the FCC’s Proposed Rule for the Disclosure of AI-Generated Content in Political and Issue Ads

The Center for American Progress submitted a comment to the Federal Communications Commission explaining that the FCC’s proposed rule aligns with existing policies and practices.

On September 4, 2024, the Center for American Progress submitted a response to the Federal Communications Commission’s (FCC) request for comment in the matter of “Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements,” MB Docket No. 24-211.

CAP’s official comment can be viewed here and is now available in the public record here.

Given the proliferation of content generated by artificial intelligence (AI), there is reason to be concerned about realistic depictions of altered or fabricated content in the electoral context. Though voluntary commitments to AI transparency are promising, they are not sufficient replacements for regulation. The FCC’s proposed rule, “Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements,” would require radio and television broadcast stations, cable operators, and other licensees under their purview to give an on-air announcement that discloses when political and issue ads contain AI-generated content, as well as include a notice in their online political files for political advertising that include AI-generated content.

CAP’s comment explains:

  • Though the Federal Election Commission has authority concerning disclaimers required by the Federal Election Campaign Act, this does not prevent the FCC from adopting its proposed rule.
  • The proposed rule would help further the goal of an informed public—one of the foundational pillars of American democracy. It would also reduce confusion by bringing political and issue advertisements aired on television and radio into alignment with other existing requirements, including those imposed by major online platforms—such as Facebook and YouTube—and those imposed on other programming.
  • The proposed rule does not impose a heavy burden on broadcasters, as they already have compliance structures in place to deal with political and issue advertisements and can easily adapt them to cover the requirements in this proposed rule.

Regardless of whether the FCC adopts this proposed rule, CAP encourages broadcasters to continue to abide by their duty to “protect the public from false, misleading or deceptive advertising” when airing political and issue advertisements.

Click here to read CAP’s full comment letter.

The positions of American Progress, and our policy experts, are independent, and the findings and conclusions presented are those of American Progress alone. A full list of supporters is available here. American Progress would like to acknowledge the many generous supporters who make our work possible.

Authors

Rebecca Mears

Director, Democracy

Adam Conner

Vice President, Technology Policy

Department

Structural Reform and Governance

We work to ensure a more representative democracy that delivers results for all Americans through our government, courts, and in new digital town squares.

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