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On July 10, 2024, the FCC adopted a Notice of Proposed Rulemaking (NPRM), released July 25, 2024, in MB Docket No. 24-211. The proposal focused on FCC-regulated broadcast and pay-TV distributors. The official materials identified here confirm the NPRM, but do not establish that it became a final, effective nationwide rule by August 18, 2026.
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The FCC proposal in one glance
| Question | Answer |
|---|---|
| Was there an FCC proposal? | Yes. The FCC adopted FCC 24-74 on July 10, 2024. |
| Was it immediately binding? | No. It was a Notice of Proposed Rulemaking, not a final rule. |
| What would it cover? | Certain broadcast, cable, satellite and related FCC-regulated distributors. |
| What ads were included? | Candidate advertising and issue advertising concerning political matters or controversial issues of public importance. |
| Was the FCC proposing a ban? | No. The proposal concerned transparency and disclosure, not prohibition. |
| Would every internet political ad be covered? | No. The proposal was not a universal rule for online-only advertising. |
What the FCC proposed
For a covered advertisement containing qualifying AI-generated content, the FCC proposed two principal disclosures:
- An on-air announcement immediately before or during the advertisement.
- A notice in the distributor’s online political file.
The proposal also contemplated requiring the broadcaster or other covered licensee to ask the person buying airtime whether the advertisement contained AI-generated content.
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The proposed announcement was:
“[The following] or [This] message contains information generated in whole or in part by artificial intelligence.”
For radio, the notice would be oral, clear, conspicuous and understandable. For television, it could be oral or visual. The proposed visual format would use lettering at least 4% of the vertical picture height and keep it on screen for at least four seconds. Those specifications were proposed standards, not currently operative requirements.
The FCC’s proposal is available in the agency’s record version of FCC 24-74.
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Which distributors would have been covered?
The proposed obligations were aimed at:
- Radio and television broadcast stations.
- Cable operators that originate programming.
- Direct Broadcast Satellite providers.
- Satellite Digital Audio Radio Service licensees that originate programming.
- Certain Section 325(c) permit holders transmitting programming into the United States.
That scope matters. The proposal was built around communications providers and licensees within the FCC’s statutory jurisdiction—not every company that distributes political content.
Which political ads would have been covered?
The proposed definition included advertising made by or on behalf of a legally qualified candidate for public office. It also included issue advertising involving a political matter or controversial issue of public importance.
Consequently, the proposal was not limited to commercials that explicitly said “vote for” or “vote against” a candidate. An issue advertisement about immigration, abortion, taxation, public safety, climate policy or another major political controversy could potentially fall within the proposed category even if it did not identify a candidate.
What counted as AI-generated content?
The proposed definition focused on an image, audio or video generated using computational technology or another machine-based system that depicts:
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- An individual’s appearance;
- An individual’s speech;
- An individual’s conduct; or
- An event, circumstance or situation.
The FCC specifically highlighted synthetic voices that sound human and AI-generated actors or people who appear to be real human actors.
The proposal did not settle every boundary question. It sought comment on issues such as whether disclosure should apply to:
- A cloned voice used for only one sentence.
- An AI-generated crowd or background scene.
- An authentic photograph altered with generative fill.
- A human actor digitally made to appear younger or older.
- AI-generated captions, translations or accessibility narration.
- AI-assisted editing, color correction or script polishing.
- AI used by an agency or subcontractor when the advertiser did not know about it.
The important distinction is that the proposal did not automatically establish that every use of an AI tool—such as drafting copy or helping with production—would trigger an FCC disclosure. Its proposed definition centered on generated image, audio and video content depicting people or events.
Who would have been responsible?
The proposal placed much of the operational responsibility on covered stations and other regulated distributors.
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The FCC also asked for comment on what should happen if an advertiser:
- Did not respond to the station’s inquiry;
- Denied AI use but was later shown to have used synthetic content;
- Provided conflicting information;
- Used an agency or contractor that supplied incomplete information; or
- Was the subject of later information suggesting the station should inquire again.
Thus, the proposed system was not simply a requirement for campaigns to label every political advertisement everywhere. It contemplated a distributor-side inquiry and disclosure process.
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How the same advertisement could be treated differently
Suppose a campaign creates a television commercial using a synthetic voice that imitates a public figure.
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- Broadcast television: A covered station could have been required to ask whether AI-generated content was present, make the proposed announcement and add a notice to its political file.
- Qualifying cable or satellite distribution: The proposal could also have applied, depending on the distributor’s status and the way it originated programming.
- Streaming-only video: The FCC proposal did not create a comprehensive requirement for an online-only placement.
- Social-media or search advertising: The proposal did not generally impose an FCC label requirement on those platforms.
- Campaign website or email: Those channels were not comprehensively covered by this FCC proceeding.
This difference reflects jurisdiction, not a conclusion that online political advertising is unregulated. Federal election law, state law, platform policies and other regulatory authorities may apply separately.
How this related to the political file
Covered broadcasters and certain other regulated entities already maintain political files containing information about political advertising requests, dispositions and related purchase and airing details. The FCC’s public-file guidance explains the existing system.
The proposed AI notice would have added a public-record trail showing that a covered advertisement contained AI-generated material. That could help journalists, watchdog groups and voters identify synthetic content used in regulated political advertising.
Existing political-file materials are generally retained for two years under FCC requirements. The proposed AI notice would have been separate from, and in addition to, the on-air warning.
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The FCC identified both possible benefits and risks from generative AI in political advertising.
AI tools can reduce production costs, speed up campaign communications and help smaller campaigns create advertisements. They may also support accessibility, localization and tailored messaging.
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At the same time, synthetic media can depict a candidate saying or doing something that never happened. It can create fabricated event footage, imitate a person’s voice or make a fictional scene appear documentary. The FCC cited concerns about voter confusion, misleading political representations and declining trust in media.
The agency framed the proposal as a transparency measure. It expressly said it was not proposing to ban or restrict AI-generated political advertising generally. A disclosure would tell an audience that AI-generated information was present; it would not, by itself, establish that the ad was false or deceptive.
Why was the proposal controversial?
Statutory authority
The FCC asked whether the Communications Act gave it authority to impose these requirements on broadcasters and other regulated licensees. The answer could affect the scope and durability of any eventual rule.
First Amendment concerns
Political advertising involves core political speech. Even a disclosure requirement rather than a ban can raise constitutional questions when the government compels a speaker to include a message.
An unsettled definition
Commenters debated whether the rule should cover only substantially synthetic material, any AI involvement, manipulated content made with conventional editing tools, or “cheapfakes” that use ordinary techniques rather than generative AI.
The Electronic Privacy Information Center raised concerns involving authentication, self-disclosure and microtargeting. The Brennan Center argued for attention to deceptive synthetic content that might not fit a narrow definition of generative AI.
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A generic warning may not tell viewers what part of an advertisement was synthetic, whether a claim was false or how extensively AI was used. Stations would also need a workable process for dealing with nonresponsive advertisers, inaccurate answers and later-discovered AI use.
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Administrative cost
Local stations and smaller campaigns could face additional review, recordkeeping and production obligations. A workable rule would need to balance transparency with compliance costs and avoid making routine, nondeceptive production assistance unnecessarily burdensome.
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The following is prospective risk-management guidance, not a statement that the proposed FCC requirements are currently effective.
For campaigns and political advertisers
- Ask creative agencies, vendors and subcontractors whether generative systems were used.
- Keep a production record identifying synthetic image, audio and video elements.
- Review the final version after editing, localization, dubbing and versioning.
- Answer a station’s AI-use inquiry accurately and retain supporting records.
- Do not assume that a small synthetic element is automatically outside the proposed definition.
- Analyze broadcast, cable, satellite, streaming, social and search distribution separately.
For broadcasters and covered distributors
- Ask the airtime buyer whether the advertisement contains qualifying AI-generated content.
- Preserve the inquiry and response in whatever form a final rule might require.
- If AI use is disclosed, arrange the applicable on-air notice and political-file entry.
- Establish a process for conflicting information or later reports of undisclosed AI use.
- Do not treat a proposed format as an operative compliance requirement unless a final rule says so.
How this differs from a deepfake ban
A disclosure rule would generally allow an advertisement to run while informing the audience that synthetic content is present.
A ban or restriction would instead prohibit or limit particular conduct, such as deceptive impersonation, false depictions of candidates, fraudulent claims or synthetic media used close to an election. The FCC proposal was not presented as such a ban.
How other laws and institutions fit in
The FCC proceeding was only one piece of the broader election-law landscape.
- Federal Election Commission: Campaign-finance disclaimers and other election-law requirements may apply.
- State governments: States may impose separate restrictions or disclosure rules for synthetic political media.
- Federal Trade Commission: Consumer-protection and deceptive-practices authority may be relevant in applicable contexts.
- Platforms: Social networks, search companies and video services may adopt their own labeling or political-ad policies.
- Congress: Proposed legislation has addressed AI disclosures across broader categories of political advertising, including digital media. Those bills are not evidence that the FCC adopted an internet-wide rule.
The FCC’s jurisdictional limits were also discussed in contemporary reporting. A single FCC proposal cannot be treated as a complete national framework for AI and elections.
Timeline and current status
- July 10, 2024: The FCC adopted the Notice of Proposed Rulemaking.
- July 25, 2024: FCC 24-74 was released.
- August 5, 2024: The item appeared in the Federal Register.
- September 19, 2024: Comments were ultimately due after the comment period was extended.
- October 11, 2024: Reply comments were ultimately due.
The official FCC materials identified for this article confirm the 2024 NPRM and its comment process. They do not establish a subsequent FCC Report and Order, effective date or compliance date by August 18, 2026. Therefore, it would be inaccurate to state without additional final-action documentation that the FCC currently requires every political advertisement to disclose AI use.
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What the headline gets wrong
The statement that “all AI-generated content in political ads must be disclosed” overstates the proceeding in three ways:
- Status: The FCC proposed a rule; the NPRM itself was not a binding requirement.
- Scope: The proposal targeted certain FCC-regulated distributors, not every online or offline political-ad channel.
- Definition: The proposal focused on qualifying generated image, audio and video content, while leaving many forms of AI assistance and manipulation open for comment.
The Bottom Line
Bottom line: The FCC’s 2024 proceeding was a proposed transparency framework for AI-generated content in political ads carried by certain broadcast, cable and satellite distributors. It included candidate and issue advertising, contemplated on-air and political-file disclosures, and was not a ban. Based on the official materials identified here, it should not be described as a final, universal requirement covering every political advertisement or internet platform.
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