Regulators consider first federal rule on AI-created political ads

Amidst a campaign tinged by concerns about so-called “deep fakes,” the Federal Communications Commission is proposing a first-of-its-kind rule to mandate disclosure of AI-generated content in political ads, though it may not go into force before the election.

Regulators have been slow to grapple with the new technology, which allows people to use cheap and readily available artificial intelligence tools to impersonate others. FCC Chair Jessica Rosenworcel says disclosure is a critical — and perhaps just as importantly, doable — first step in regulating artificially created content

“We spent the better part of the last year in Washington handwringing about artificial intelligence,” Rosenworcel said in an interview with NBC News. “Let’s do something more than handwringing and pearl clutch.”

The new rule would require TV and radio ads to disclose if they include AI-generated content, sidestepping, for now, the debate about whether that content should be banned outright. Existing laws prevent outright deception in TV ads.

“We don’t want to be in a position to render judgment; we simply want to disclose it so people can make their own decisions,” Rosenworcel.

The move was inspired in part by the first-known deepfake in American national politics, a robocall impersonating President Joe Biden that told voters not to turn out in January’s New Hampshire primary.

“We kicked into high gear because we want to set an example,” Rosenworcel said of the swift official response to the New Hampshire deep fake.

The political consultant behind the deepfake robocall, who was outed by NBC News, is now facing a $6 million fine from the FCC and 26 criminal counts in New Hampshire courts. The U.S. Department of Justice on Monday threw its