NAB Pans FCC's Proposed AI Disclaimer for Political Ads

RADIO ONLINE | Friday, September 20, 2024 | 11:16am CT

Rick Kaplan

The National Association of Broadcasters (NAB) has expressed concerns about the Federal Communications Commission's (FCC) proposed rule requiring broadcasters to include disclaimers on political ads that use artificial intelligence (AI). NAB's Chief Legal Officer and Executive Vice President for Legal and Regulatory Affairs Rick Kaplan (pictured), outlined the association's position in a blog post, warning that the new rule could have unintended consequences.

The FCC's proposal aims to curb the use of AI-generated misinformation in political advertising, particularly deepfakes -- AI-generated content that distorts reality. While the NAB supports efforts to combat deceptive tactics, Kaplan argues that the FCC's rule risks creating confusion rather than transparency.

Under the proposed rule, broadcasters would be required to insert the disclaimer: "This message contains information generated in whole or in part by artificial intelligence" in any political ad using AI. Kaplan believes this generic disclaimer would mislead audiences, as AI is often used for routine tasks like enhancing sound or video quality, rather than for deceptive purposes. The broad application of the disclaimer could cause the public to view all ads using AI with suspicion, making it harder to distinguish truly misleading content.

Kaplan also emphasized that deepfakes and AI-generated misleading ads are not prevalent on broadcast TV or radio but are a significant issue on digital platforms. By focusing solely on broadcasters, Kaplan warned that political advertisers might move their ads to social media and digital platforms where these rules don't apply, exacerbating the spread of misinformation. Viewers may also become confused if they see an ad with an AI disclaimer on broadcast TV but without it on a digital platform.

Rather than singling out broadcasters, Kaplan argued that Congress should develop comprehensive rules that address AI-driven misinformation across all platforms-both digital and broadcast. He stated that broadcasters have a long-standing commitment to delivering factual, vetted information and that the FCC's current proposal could undermine the trust broadcasters have built with their audiences.

Kaplan concluded that the solution lies in consistent, platform-wide rules crafted by Congress, rather than piecemeal regulations from the FCC that could push more political ads into the unregulated digital space.

NAB continues to support efforts to combat misleading AI-generated content in elections but stresses that any regulatory approach must ensure fair standards for all platforms to effectively protect the public.