• by Wendy Davis , Staff Writer @wendyndavis, September 20, 2024

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

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.

“Viewers and listeners will be exposed to novel disclosures on broadcast programming that they will not experience anywhere else, thus causing confusion as to why one ad contains a disclosure while the ostensibly same ad hosted elsewhere does not,” that group writes.

Both organizations also are suggesting that political campaigns will shift ad dollars online, should the proposal go through.

“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.

Watchdogs have had mixed reactions to the proposal.

The group Public Citizen supports the proposal, writing that political ads with deep fakes “can fraudulently misrepresent what candidates say or do and thereby influence the outcome of an election.”

“The stakes of an unregulated and undisclosed Wild West of AI-generated campaign communications are far more consequential than the impact on candidates; it will erode the public’s confidence in the integrity of the broadcast ecosystem itself,” Public Citizen argues.

The ACLU is more skeptical. That group says that the proposed rules might “unconstitutionally burden the speech of third parties and the public’s interest in robust political debate, as well as the First Amendment rights of the licensees themselves.”

The organization adds: “Faced with investigative and disclosure requirements that are too stringent or burdensome, licensees may pass resulting costs onto speakers or forgo political advertising in favor of less costly alternatives, thereby diminishing the public’s access to information about local candidates and issues.”