On September 19, 2024, the Brennan Center submitted a public comment in response to the Federal Communications Commission’s request for comment in the matter of “Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements,” MB Docket No. 24–211. The Brennan Center urged the Commission to require on-air and written disclosures of AI-generated and other deceptive synthetic content in radio and television political advertisements. The comment emphasizes that as deepfakes become more prevalent, implementing more focused and inclusive regulations of deceptive content in political advertisements will promote transparency and strengthen trust in the electoral process.
While the comment commends the Commission’s proposal, it proposes several critical revisions. First, the rules should be refined to apply specifically to advertisements where artificial intelligence (AI) has substantially modified content in a manner that could mislead a reasonable viewer. Additionally, the scope should be expanded to encompass all deceptive synthetic content, including “cheapfakes” produced using simpler tools. The disclaimer requirement should also be updated to reflect substantial modifications by AI or other technical means. Finally, the comment recommends that broadcasters implement policies requiring advertisers to truthfully disclose whether their ads have been substantially manipulated by synthetic means. The comment notes these proposals would greatly improve transparency while resulting in a negligible burden on broadcasters.
