Status: The FCC opened a rulemaking in 2024 to consider requiring certain broadcasters and other regulated distributors to disclose when a political advertisement uses AI-generated content. It is a proposal, not a verified final nationwide requirement. The proposal would add transparency for broadcast, cable and satellite audiences; it would not ban AI-generated ads, decide whether their claims are true, or generally cover internet-only advertising.
What the FCC proposed
In MB Docket No. 24-211, titled “Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements,” the FCC proposed two related obligations. The Notice of Proposed Rulemaking (NPRM), FCC 24-74, was adopted July 10, 2024, released July 25 and published in the Federal Register August 5.
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- On-air notice: A covered media entity would announce that a political advertisement contains AI-generated content.
- Online political-file notice: The entity would identify the ad’s AI use in its publicly accessible online political file.
The proposed responsibility would fall mainly on the station, cable operator, satellite provider or other regulated distributor carrying the ad, rather than automatically making the campaign the regulated party. The FCC contemplated allowing a covered entity to ask the candidate or other airtime purchaser whether AI was used.
The NPRM is available at FCC-24-74A1.pdf; the Federal Register notice is at public-inspection.federalregister.gov.
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Which advertisements and distributors would be covered?
The proposal is framed around the presence of AI-generated content, not only deceptive deepfakes. It would encompass both candidate advertisements and issue advertisements carried through covered FCC-regulated services.
| Proposed coverage | Examples |
|---|---|
| Broadcast | Radio and television stations |
| Cable | Cable operators that originate programming |
| Satellite | Direct-broadcast satellite providers and certain satellite-radio licensees engaged in origination programming |
| Other FCC-regulated services | Certain permit holders transmitting programming under section 325(c) of the Communications Act |
The exact application to a particular service would depend on the final legal definitions. The FCC does not have general authority over every advertisement distributed on the internet.
Would streaming and internet-only political ads be labeled?
Generally, not under this specific proposal. Its focus is broadcast, cable, satellite and related FCC-regulated distribution channels. An internet-only campaign ad, and many advertisements delivered solely through streaming platforms, would ordinarily fall outside the NPRM’s apparent scope, although a service’s legal classification and distribution method could matter.
That distinction is why “the FCC will label all political ads” is inaccurate. A campaign could use the same creative on television, a cable channel, a streaming service and a social platform, with different disclosure consequences for each outlet.
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The proposal uses a broader concept than “deepfake.” Potential examples include a synthetic or altered voice, generated or manipulated video, a digitally changed photograph, or generative imagery in an ad. The FCC also asked where to draw the line for ordinary production assistance such as automated editing, color correction, captioning or noise reduction.
That boundary was unresolved in the materials available for this article. Important practical questions include whether a campaign must disclose a vendor’s use of an AI tool, how to treat licensed AI-generated stock footage or audio, and whether a partly human-created, partly synthetic ad triggers the same notice as a fully generated video. The NPRM did not establish a general requirement that campaigns conduct or document a complete AI audit.
What the notices would—and would not—tell audiences
On-air announcement
The proposed announcement would tell listeners or viewers that the political advertisement contains AI-generated content. The NPRM did not establish a final universal script, duration, placement or accessibility format. It asked whether a notice should run before, during or after the ad and how it would interact with an existing candidate “stand by your ad” authorization statement.
Online political file
The proposed political-file entry would create a public record that the ad contains AI-generated content. It would supplement existing information about the purchaser, payment and scheduling; it would not necessarily appear as a label on every screen or radio broadcast.
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No ban and no government fact-check
The FCC said the proposal would not prohibit AI-generated material and would not require the Commission to determine whether an ad is truthful or deceptive. An AI notice therefore is information about production, not proof that an ad is false, accurate or unlawful.
Why the FCC says transparency is needed
The Commission presented disclosure as a way to help audiences evaluate political communications when synthetic voices and images make authenticity harder to judge. That rationale does not mean every AI-assisted advertisement is deceptive, and a simple notice cannot by itself establish which claim, person or image was generated or altered.
FCC and FEC: different agencies, different rules
The FCC proposal is tied to the Commission’s authority over broadcast and other communications facilities, including political-file and sponsorship-disclosure obligations. The Federal Election Commission administers federal campaign-finance law.
| Question | FCC proposal | Existing FEC framework |
|---|---|---|
| Main focus | Transparency about AI use on regulated media | Who paid for or authorized a covered communication |
| Primary regulated parties | Broadcasters and certain distributors | Political committees and covered advertisers |
| Candidate ads | Yes, if carried by a covered service and containing AI-generated content | Yes, when campaign-finance rules apply |
| Issue ads | Included in the proposed FCC approach | Coverage depends on the statutory category and communication |
| Online-only ads | Generally outside this FCC proposal | Some FEC disclaimer rules may apply |
| Truth determination | No | Disclaimer rules are not a general fact-checking system |
FEC rules generally require sponsorship and authorization disclaimers, not a general statement that AI was used. On September 19, 2024, the FEC voted not to open a rulemaking on a particular petition concerning AI in campaign advertisements. That decision did not resolve every possible form of AI legislation or regulation. See the FEC’s explanation at fec.gov and its advertising guidance at fec.gov advertising and disclaimers.
The agencies’ overlapping concerns have prompted jurisdictional objections. A Congressional Research Service overview is available at IN12222.
Key legal and practical objections
Jurisdiction
Critics argue that campaign-finance regulation belongs primarily to Congress and the FEC, not the FCC. The disagreement over agency roles is part of the policy debate, not proof that either agency has already settled the issue.
First Amendment
Political advertising is protected speech. A compelled disclosure could be challenged if it is vague, overly broad or insufficiently connected to a legitimate informational purpose. Constitutional considerations are discussed by the Congressional Research Service at IF12468.
Vagueness
“AI-generated content” could range from a synthetic candidate voice to routine software-assisted editing. Unclear definitions could make campaigns, vendors and stations uncertain about when a notice is required.
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Effectiveness
A generic label may not identify which portion was generated, whether a real person’s likeness was manipulated, or whether the ad’s factual assertions were checked. The Electronic Privacy Information Center argued that a vague notice may provide too little useful context in its comments at epic.org.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Burden questions and alternatives the FCC raised
The FCC sought comment on narrower options, including:
- Applying the requirement only during the 60 days before a primary election or the 90 days before a general election.
- Requiring an on-air notice without a separate political-file entry.
- Using different approaches for candidate and issue advertisements.
- Reducing burdens on small entities.
An on-air announcement consumes airtime that could otherwise be sold. Candidate ads may also need to carry both the proposed AI notice and an existing authorization statement. The FCC therefore asked how timing, prominence and recordkeeping should work in practice.
What different audiences should do
Campaigns and advertisers
- Ask creative agencies and vendors whether they use generative AI for scripts, voices, images, video, dubbing or editing.
- Obtain written representations and retain production records showing what was generated, altered, licensed or edited.
- Separate routine post-production from synthetic depictions or voices in internal compliance decisions.
- Do not treat an AI notice as a replacement for sponsorship or authorization disclaimers.
- Expect different obligations across broadcast, cable, streaming, internet and state-law environments.
Broadcasters and distributors
- Create a standardized advertiser questionnaire and define internally what qualifies as AI-generated content.
- Decide whether to request a certification or rely on an advertiser’s representation.
- Build a process for adding notices to the online political file and handling revised ad versions.
- Account for extra airtime, scheduling and staff-training requirements before election deadlines.
Voters and journalists
- Read an AI label as production information, not as proof the message is false.
- Ask what was generated and whether a real person’s voice or likeness was altered.
- Compare the AI notice with the sponsorship disclaimer and consult the station’s political file for purchaser and payment information.
- Remember that an unlabeled online or streaming ad may simply be outside this particular FCC proposal.
Timeline and current status
- May 22, 2024: FCC Chairwoman Jessica Rosenworcel publicly proposed transparency standards for AI in political ads.
- July 10, 2024: The full Commission adopted the NPRM.
- July 25, 2024: The FCC released FCC 24-74.
- August 5, 2024: The NPRM appeared in the Federal Register.
- August 22, 2024: The Media Bureau extended comments to September 19, 2024, and reply comments to October 11, 2024. The order is at DA-24-849A1.pdf.
- September 19, 2024: The FEC separately declined to open the specific AI rulemaking petition before it.
Official materials available for this article did not verify adoption of a final FCC rule as of August 18, 2026. The proceeding should therefore be described as a proposed or pending rulemaking unless the FCC docket is checked for a later disposition immediately before publication. Contemporary coverage also described the broadcast-versus-streaming distinction at The Associated Press.
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The FCC’s 2024 action was a proposed transparency regime for AI-generated content in political ads carried by specified broadcast, cable, satellite and related services. It would add an on-air notice and a political-file entry, but it would not ban AI ads, determine truthfulness or generally reach internet-only campaigns. Do not describe it as a current FCC mandate without confirming a later final rule.
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