Arlington, Va. – Americans for Prosperity (AFP) today submitted comments to the Federal Communications Commission (FCC) expressing strong concerns over the Commission’s proposed regulations on the use of artificial intelligence (AI) in political advertisements.
AI offers a transformative potential for political and issue advertising, especially for smaller campaigns with limited resources. However, the FCC’s broad rulemaking approach, driven by speculative concerns, could have damaging consequences for political discourse and First Amendment rights. The proposal could ultimately cause more damage than good – hindering free speech, stifling innovation, and overstepping the agency’s authority.
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“The FCC’s proposal is a solution in search of a problem,” said the authors of the comment, James Czerniawski, senior tech policy analyst at Americans for Prosperity, and Scott Blackburn, Legal Portfolio Manager at Americans for Prosperity. “The proposal threatens to chill political speech, harm smaller campaigns, and stifle innovation in AI technology. This is not just about political ads – it’s about the FCC attempting to control the future of how we communicate during elections. The result could be fewer voices and less robust political debate at a time when we need it most.”
According to AFP’s comment, the FCC’s proposed rule would require disclaimers for AI-generated content in both political and issue ads, defining AI-generated content as any image, audio, or video produced using computational technology. This definition is so broad that it could apply to almost all political ads today, including those using basic photo or video editing tools, potentially leading to mass confusion among viewers.
“Americans understand what AI is, and it doesn’t include Photoshop or common video editing, Czerniawski and Blackburn added. “By forcing nearly every ad to carry a disclaimer that it contains ‘AI-generated content,’ the FCC risks misleading voters and diluting the focus on genuine deepfakes.”
AFP’s comment also highlights the FCC’s lack of authority to regulate political speech, pointing out that this responsibility lies with the Federal Election Commission (FEC). The FEC has already declined to regulate AI in political ads for the upcoming election cycle, a decision that further underscores the FCC’s overreach.
AFP’s comment reflects the organization’s longstanding commitment to protecting free speech, advancing innovation, and protecting Americans against government overreach. AFP urges the FCC to reconsider its approach and prioritize fostering an environment where AI can continue to benefit political discourse, without unnecessary restrictions that could stifle free speech and innovation.
Learn more about Americans for Prosperity’s work on this topic by clicking here and here.
For media inquiries, please contact media@afphq.org.
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