The FCC's Proposal to Regulate Political Ads Using Artificial Intelligence

The Federal Communications Commission (FCC) has initiated a proceeding that proposes to require radio and TV broadcasters as well as cable and direct broadcast satellite (DBS) operators to include a disclaimer on all political advertisements that contain content generated by artificial intelligence (AI). The requirement would apply to both candidate and issue ads. The broadcasters of the ads also would be required to include a notice in their online political files disclosing the ad’s use of AI. The FCC’s rulemaking raises serious questions regarding the agency’s statutory authority to adopt the proposed rule and whether the Federal Election Commission has sole authority to administer federal election laws so that the FCC proposal is preempted. Moreover, as a matter of policy, objections have been raised regarding the FCC’s proposal. With the election just weeks away, a panel composed of notable experts discussed and debated the FCC’s proposal.

Featuring:

Brendan Carr, FCC Commissioner
Chris Lewis, President, Public Knowledge
Prof. Bradley Smith, Former FEC Chairman; Josiah H. Blackmore II/Shirley M. Nault Professor of Law, Capital University Law School
Moderator: Randolph May, President, Free State Foundation

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.