“Government intervention of the kind envisioned in this plan will only do more harm than good.”
FCC Commissioner Brendan Carr expressed strong feelings following news of a proposal to regulate the use of artificial intelligence in political advertising.
On Thursday, May 23, FCC Chairman Jessica Rosenworcel announced that the FCC is circulating a proposal to explore whether the Commission should require on-air and written disclosure when radio and television political ads contain AI-generated content. The proposal also seeks comment on a “specific definition” of what constitutes AI-generated content.
“The FCC’s attempt to fundamentally change the rules for political speech so close to a national election is as wrong as it is illegal,” Carr, a Republican, said in a statement on Tuesday.
Carr said the chairman’s effort mirrors a Democratic National Committee-backed effort at the Federal Election Commission to impose new restrictions on AI-generated political speech before voters head to the polls this fall.
[Related: “Rosenworcel Circulates Proposal to Regulate AI Use in Political Ads“]
According to an FCC press release, the notice of proposed rulemaking that Rosenworcel wants to initiate would begin a process to “affirm consumers’ right to know whether AI tools are being used in the political ads they see.”
In his comments, Carr acknowledged that the use of AI-generated political content raises “complex issues” and “bipartisan concerns about the potential for misuse,” but said the FCC does not have the authority to regulate political speech in this way.
“Congress has not given the FCC the unfettered authority over these issues that would be necessary to make this plan law,” Carr said. “Government interference of the kind envisioned in this plan would only do more harm than good.”
Under Rosenworcel’s draft NPRM, the FCC would apply disclosure requirements to broadcasters and programming entities, such as cable operators, satellite television and radio providers, and Section 325(c) licensees. To increase transparency, the FCC may also consider applying disclosure rules to both candidate and policy advertising.
With that language in mind, Carr clarified that the proposal as circulated would only require AI-generated political ads that run on broadcast television to include government-mandated disclaimers, not identical or similar ads that run on streaming services or social media sites.
“I’m not convinced that this patchwork of inconsistencies is going to lead to any good,” Carr said. “Unlike Congress, the FCC cannot adopt uniform rules.”
He continued: “Applying new rules to the FCC-regulated broadcast stations while not applying them to their largely unregulated online competitors only exacerbates regulatory asymmetry. All of this underscores why the FCC is not the appropriate agency to consider these issues.”
Carr said these kinds of proposals are part of a broader effort to control political speech.
He asked: “Is the government really worried that, without regulatory guidance, voters will find these ads misleading? Or is the government worried that voters may find these ads effective?”
[Read More Radio World Stories About Artificial Intelligence]
