FCC's Carr At Odds With Roenworcel Over AI In Political Ads

FCC Commissioner Brendan Carr has expressed strong sentiments regarding a recent proposal by FCC Chairwoman Jessica Rosenworcel to regulate the use of artificial intelligence (AI) in political ads. 

Let’s delve into the details:

Proposal Overview: On May 23, 2024, Chairwoman Rosenworcel announced that she is circulating a proposal within the Federal Communications Commission (FCC). If adopted, this proposal would explore whether the agency should require an on-air and written disclosure when political ads on radio and TV contain AI-generated content. Additionally, it seeks input on defining what constitutes AI-generated content.

Carr’s Response: Commissioner Carr, a Republican, strongly opposes this move. He believes that the FCC’s attempt to alter the rules for political speech just before a national election is both misguided and unlawful. Carr draws parallels between this effort and a Democratic National Committee (DNC)-backed initiative at the Federal Election Commission (FEC), which aims to impose new regulations on AI-generated political speech before voters head to the ballot boxes this fall.

Complex Questions: Carr acknowledges that AI-generated political content raises complex questions and bipartisan concerns about potential misuse. However, he asserts that the FCC lacks the authority to regulate political speech in this manner. Congress has not granted the FCC the broad authority needed to turn this proposal into law. Carr emphasizes that the type of government intervention envisioned by this plan would likely cause more harm than good.

Scope of Proposal: Rosenworcel’s draft Notice of Proposed Rulemaking (NPRM) would apply disclosure requirements to broadcasters and entities involved in origination programming, including cable operators, satellite TV and radio providers, and section 325© permittees. The proposal might also consider extending disclosure rules to both candidate and issue advertisements to enhance transparency. Notably, the proposal would only mandate AI-generated political ads on broadcast TV to include a government-mandated disclaimer, while similar ads on streaming services or social media would not be subject to the same requirement.

Commissioner Carr’s stance underscores the delicate balance between transparency, regulation, and free speech in the evolving landscape of AI-generated content.