Source: Broadcast Law Blog

The article discusses an upcoming meeting of the Federal Election Commission (FEC) scheduled for September 19, 2024, where the commission will consider a new compromise proposal for regulating the use of artificial intelligence (AI) in political advertisements. As AI technologies become more sophisticated, their use in political campaigning has raised concerns about transparency, accountability, and the potential for misinformation. AI can be used to create deepfake videos, generate persuasive content, and even target specific voter demographics with tailored political ads. This has prompted regulators, including the FEC, to examine how AI should be controlled in the context of political advertising.

One of the key issues that the FEC will address during the meeting is whether AI-generated political ads should be subject to the same transparency and disclosure requirements as traditional political ads. Currently, political ads must disclose who is funding the advertisement, but AI presents new challenges in determining the source and accuracy of the content being distributed. The FEC is considering rules that would require political campaigns to clearly label AI-generated content and ensure that voters are aware when AI is used to produce or enhance political messaging.

The FEC’s compromise proposal aims to balance the need for transparency with the practical realities of modern political campaigning. While some advocates are pushing for stringent regulations that would severely limit the use of AI in political ads, others argue that AI is simply a tool, and that its use should not be overly restricted as long as proper disclosures are made. The compromise being discussed would allow the use of AI in political ads but would require campaigns to include specific disclaimers when AI is used to manipulate content or present information in ways that could deceive voters.

The article also highlights concerns about the potential for AI to be used in creating deepfake videos—hyper-realistic videos that can depict individuals saying or doing things they never actually did. Deepfakes have already been used in other countries to spread misinformation, and there are fears that they could be used to influence elections in the US. The FEC’s proposal would likely include measures to address deepfakes, ensuring that political candidates and parties are prohibited from using such AI-generated content to mislead voters.

In addition to deepfakes, the FEC is expected to discuss how AI can be used to micro-target voters with highly personalized political ads. AI can analyze vast amounts of data to predict voter behavior and craft messages tailored to individual preferences. While this can be an effective strategy for political campaigns, it also raises ethical concerns about privacy and manipulation. The FEC may consider regulations that limit the extent to which AI-driven micro-targeting can be used in political advertising, particularly if such practices are found to be invasive or deceptive.

In conclusion, the article emphasizes the importance of the FEC’s upcoming decision on AI in political ads. As AI continues to evolve, its use in political campaigns is likely to increase, making it crucial for regulators to establish guidelines that ensure transparency, accountability, and fairness in the election process. The FEC’s compromise proposal represents an important step in addressing the challenges posed by AI in political advertising, but the debate over how to best regulate this technology is far from over.