Texas Association of Broadcasters

29/07/2024 | Press release | Distributed by Public on 29/07/2024 18:20

FCC Eyes Disclosure Rules on AI Use in Political Advertising

posted on 7.29.2024

The FCC this month adopted a Notice of Proposed Rule Making that would require broadcasters to not only disclose AI use in political advertising, but also to upload notices on the same to the station's Online Public Inspection File (OPIF).

"This proposal aims to increase transparency by having those who already have legal duties to file information about their TV and radio advertisements with the FCC to indicate if AI is being used and make on-air disclosure of AI use," said the FCC in a July 25 media release.

"It does not propose the prohibition of such content, only disclosing the use of AI within political ads."

Per the usual FCC rule making protocol, comments will be due 30 days after publication of the proposed rules in the Federal Register, with reply comments due 45 days after publication.

"Since the NPRM's comment cycle will run through at least September, it is unlikely that any new disclosure requirement or new OPIF reporting obligation will be effective before the November election," said David Oxenford, an attorney with TAB Associate member law firm Wilkinson Barker Knauer.

TAB is anticipating detailed analysis on the proposed rules from our FCC-focused Associate member law firms which TAB will publish in a future issue of the TABulletin.

For now, stations can read the proposed rules at the link above.

Texas' 2019 AI Political Video Prohibition

A number of states, including Texas, have some form of law prohibiting the use of "deep fake" technology in political advertising.

Lawmakers passed SB 751 by Sen. Bryan Hughes, R-Mineola, in the 2019 legislative session.

It prohibits the creation and publication (or distribution), within 30 days of an election, of any AI-created video meant to injure a candidate or influence the result of an election.

TAB anticipates that the Texas Legislature will amend the existing state law in the 2025 session, based on developments in other states' laws in the ensuing years after the 2019 law's passage.

Questions? Contact TAB's Michael Schneider or call (512) 322-9944.