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FCC Extends Time to Comment on Political AI Disclosure

Commission responded to a request from the NAB and MPA

The FCC has extended the deadline for the public to comment about its proposals regarding artificial intelligence in political advertising.

While such an extension is not normally big news, the change seems to make it less likely that the commission will or even could implement any new rules before the national elections in November.

The National Association of Broadcasters and the Motion Picture Association had asked for an extension because, they said, the NPRM “raises significant, novel factual and legal issues that will entail extensive fact-finding and research.”

The commission went along with their request, though it didn’t provide as much time as NAB and MPA had requested. The new deadline is Sept. 19, with reply comments due Oct. 11.

The notice of proposed rulemaking aims to provide greater transparency regarding the use of AI-generated content in political advertising. The plan would require broadcasters to identify political ads that include AI content.

[“FCC Issues Fact Sheet on AI Proposal”]

A new rule is a priority for Chairwoman Jessica Rosenworcel, while Republicans on the commission oppose the idea.

Among the criticisms from Commissioner Brendan Carr is that the proposal would fundamentally alter the regulation of political speech just a short time before a national election. But the extension seems to make it less likely that the FCC can implement any rules that quickly, given that the reply comment deadline now is only about 25 days before the election.

Under the proposal broadcasters would be required to use standardized language for on-air disclosure. “For radio ads, we propose that broadcasters provide an on-air announcement orally in a voice that is clear, conspicuous and at a speed that is understandable, stating that: ‘The following message contains information generated in whole or in part by artificial intelligence,’” the FCC wrote in the NPRM.

The FCC says it is not proposing to ban or otherwise restrict the use of AI-generated content in political ads.

File comments via the FCC online system. Refer to proceeding 24-211.

[Related: “What Are the Legal Considerations of AI in Radio?”]

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