FCC Urged To Nix AI Disclosure Proposal

Broadcasters and cable companies are urging the FCC to scrap a proposal to require on-air disclosures when political ads use artificial intelligence.

MediaPost reports the FCC's proposal, which aims to combat deep fakes in political ads, would apply to broadcasters and cable operators. But, given that the agency lacks jurisdiction over internet content, the proposed rule wouldn't apply to social media companies, streaming video operators and other online publishers.

Groups that represent cable companies and broadcasters are now arguing that a different standard for on-air and online political ads will leave viewers puzzled.

“Americans are likely to be confused by seeing the 'same' political advertisement containing AI content with disclosures on television and without disclosures online,” the NCTA--The Internet & Television Association writes in comments filed Thursday with the FCC.

The National Association of Broadcasters makes a similar argument.

In a new blog post, Rick Kaplan, NAB chief legal officer and executive vice president, Legal and Regulatory Affairs contends that the FCC’s proposed rules for disclosing AI content in advertising are misguided and risk “doing more harm than good."  

In a new Sept. 20 blog post, Kaplan admitted that “artificial intelligence (AI) is reshaping the entire political landscape, influencing not only how campaigns are conducted but also how voters access and process information about them. Its rise brings serious risks, including the spread of deepfakes – AI generated images, audio or video that distort reality. These deceptive tactics threaten to undermine public trust in elections and NAB supports government efforts to curtail them.”

But Kaplan noted that those problems are best addressed by Congress, not the FCC.

“The proposed rules favor advertisers who advertise on streaming and online platforms over those who advertise on platforms subject to the FCC’s jurisdiction because their advertisements will not be subject to the FCC’s disclosure requirements,” the NCTA contends.

“It is not difficult to conclude that if only broadcast ads require these disclosures, advertisers would think twice about placing ads with radio and TV stations,” the National Association of Broadcasters adds.