New York to Regulate AI in Political Broadcasting Advertisements

New York State recently amended provisions of its election laws in an effort to regulate the use of Artificial Intelligence (AI) in political advertisements. The new provisions require broadcasters to make audible disclosures when airing AI-generated political content, such as voice-altered or image-altered ads. The disclosures are part of New York’s efforts to curb election misinformation and preserve political integrity.

Disclosure Language

Broadcasters are responsible for making disclosures, regardless of who creates the ads. Broadcasters that knowingly air AI-generated content without disclosures may face injunctions from affected candidates and be required to pay legal expenses.

To avoid liability, broadcasters are required to announce at both the beginning and end of an artificially manipulated ad that AI technology was used in the ad. The disclosure language is simply: “This audio has been manipulated.” For television, the disclosure should swap “audio” with “video.” AI-manipulated digital or print ads must have a visual disclosure that swaps “audio” with “image.”

The disclosure must be clear and audible (or visual), and repeated every two minutes for ads exceeding that length. The disclosure requirement does not apply to ads that are defined as satire or parody, and to bona fide news reporting.

Possible Challenges and Future Actions

At least 40 other states have taken steps to regulate AI-based political ads ahead of the upcoming 2024 presidential election. FCC Chairwoman Rosenworcel recently announced the FCC is considering a proposal to require political advertisements aired by television and radio stations to disclose the use of AI-generated content.

The FCC and state proposals are likely to face challenges from the broadcasting industry. The New York State Broadcasters Association, for example, has already voiced concerns about potential conflicts between the new provisions in New York’s election laws and existing federal regulations, but has not yet taken active steps to challenge the law.

As AI technology evolves, its integration into media continues to raise significant legal questions. New York’s law may serve as a model at both the federal and state level, as industry grapples with these challenges, setting a precedent for the regulation of AI in media.

For more information about New York’s AI disclosure law and how it affects broadcasters, contact an attorney in our Media or Privacy, Data Protection, and Cybersecurity practice groups.