Regulating AI in Political Ads: Concerns Arise Ahead of 2024 Election
As the 2024 election cycle approaches, concerns are mounting over the use of generative artificial intelligence (AI) in political advertisements. The rise of AI platforms has allowed for the creation of music, artwork, text, and videos, and now political advertisers are joining the trend. They are using generative AI to produce photos, videos, and audio clips that align with their political message, raising questions about the authenticity of content presented in these ads.
Online platforms, lawmakers, and regulators are grappling with the challenge of combating misinformation in political advertising. Google has recently announced a new policy to address this issue. Starting November 2023, any political advertisements featuring AI-generated content that inauthentically represents real or realistic-looking people or events must include a clear disclosure alerting viewers to the use of AI-generated content. For example, if an ad creates the illusion that a person said or did something they didn’t or alters footage to depict scenes that never occurred, it would require a disclosure. However, Google has clarified that ads using AI in an inconsequential way, such as image resizing or color correction, are exempt from this requirement.
Legislative efforts are also underway to regulate AI-generated political advertisements. The REAL Political Ads Act, introduced by Rep. Yvette Clark, aims to mandate disclaimers on political ads using AI-generated images or videos across all mediums and platforms. Similar legislation has been presented in the Senate. However, the fate of these bills remains uncertain due to partisan gridlock.
The Federal Election Commission (FEC) is also taking steps to address AI-generated campaign ads. The FEC has initiated a public comment period on a petition to amend regulations prohibiting fraudulent misrepresentations by candidates or their agents, explicitly extending this prohibition to deliberately deceptive AI-generated ads. Transparency advocates view this as a positive development, indicating the FEC’s commitment to tackling the issue.
While regulations surrounding online political advertising are evolving, both at the federal and state levels, there are existing requirements for disclosure. The FEC already mandates disclosure for political ads on television and radio, and these requirements have been expanded to cover internet public communications. Various states have also enacted laws regulating online political ads, ranging from extending existing TV and radio requirements to imposing new obligations on online platforms and ad networks.
In summary, concerns surrounding the use of AI in political advertisements continue to grow as the 2024 election cycle approaches. Google has implemented a disclosure policy for ads featuring AI-generated content, and legislative and regulatory actions are being pursued. Political advertisers and online platforms must navigate the complex patchwork of laws governing online political advertising to ensure compliance with disclosure requirements. With the rapid development of AI technology, the challenge of regulating political ads and combating misinformation remains at the forefront of the discussion.
