New Florida bill would require disclaimers about AI in political ads
The Florida Senate Rules Committee unanimously passed SB 850 (HB 919), a measure aimed at curbing the use of Generative Artificial Intelligence (Gen AI) in political advertising. With the upcoming presidential election, the potential for Gen AI to target voters is higher than ever. Gen AI refers to the ability to create fake images, voices, and other sounds rapidly. The bill was prompted by the misuse of AI to manipulate former President Donald Trump’s words and images, distorting his relationship with Dr. Anthony Fauci during the COVID-19 pandemic. One particular ad, created by a group supporting Republican Florida Gov. Ron DeSantis, showed Trump embracing Fauci and saying, I’m not firing him. I think he’s a wonderful guy.
The Federal Communications Commission (FCC) recently banned the use of AI-generated voices in robocalls after an AI voice resembling President Joe Biden reached voters in New Hampshire. Republican St. Petersburg state Sen. Nick DiCeglie, the sponsor of the bill, emphasized the intent of the measure is to prevent misleading or malicious depictions of candidates or deceptive information about ballot issues. The proposed disclaimer, Created in whole or in part with the use of generative artificial intelligence, would be required in all political communications, including television, radio, internet, and mailers.
Violators of the AI disclaimer could face misdemeanor criminal charges and civil penalties enforced by the Florida Elections Commission. The responsibility for the ad and potential penalties would be determined based on the facts surrounding the case. Notably, consumer watchdog organization Common Cause opposes the bill, arguing that it does not address the removal of ads lacking disclaimers, leaving Floridians exposed to manipulative information while the enforcement process unfolds.
Despite opposition, the AI bill advanced unanimously in the Rules Committee, paving the way for Senate floor consideration. It is important to note that state actions on artificial intelligence in politics will likely not impact federal candidate ads since only Congress possesses such authority, and federal races currently do not require ad truthfulness. Nevertheless, the U.S. House has introduced The Real Political Advertisements Act, a bill that mandates disclaimers about AI usage in political ads.
If SB 850/HB 919 is passed and enacted into law, the new disclaimer regulations in Florida will take effect on July 1. This development reflects the growing concern surrounding the potential misuse and manipulation of AI in political advertising and aims to increase transparency for voters by ensuring they are aware when artificial intelligence is being deployed in political ads.
