Revisions to the Laws Concerning AI and Political Ads Are Coming

Back in May we mentioned that multiple states were considering new legislation monitoring the use of AI in political advertising. Now New York has made some changes to a bill that passed in April that would hold media outlets, including radio, responsible for airing political advertisements if they include voices and images that were created by artificial intelligence and don’t clearly state that AI was used.  Luckily, the new revisions will make it less likely for radio stations to face legal action.

In the previous bill, it was suggested radio stations would be at fault if a political ad got through that was created by AI. But, with recent advances in the technology it’s extremely hard to determine what’s artificial and what’s genuine. This was a frustrating development for all media. The newly added legislature states stations will only be responsible IF they KNEW it was created by AI or that AI was used in the campaign. This is phenomenal because now the stations and its talent are protected under this new law.

FCC rules still states broadcasters cannot censor any ads from candidates. However, the new mandate states each media can implement a policy on what to do with political AI. There has to be a disclosure in the ad if it’s been manipulated, had deceptive audio, or anything that deals with artificial intelligence.

On the other hand, now that stations won’t face legal action if an AI ad aired without their knowledge, there isn’t any obligation on the station to determine what is real or fake. They don’t have to do any digging to find out how the ad was created. First off, that would take up A LOT of time…think about how many political ads are aired in an election season. IF the buyer does state there are AI voices in the ad, the new law shows the station doesn’t have to take any action. So, could these AI spots squeak by? Looks like it.

The revision still needs to be signed by the governor. If she does sign, this could be the template the rest of the country uses when it comes to AI political ads. This is just the beginning. This, by no means, is it when it comes to legislature concerning artificial intelligence in advertising. The law was recently passed in April, and they already have amendments to it. These laws will no doubt continue to change as we learn more about artificial intelligence and what is legal and not.


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