MPA Comments on the FCC’s Proposed Disclosure and Transparency of AI-Generated Content in Political Ads

The Motion Picture Association, Inc. (“MPA”) respectfully submitted this letter in response to the Federal Communications Commission’s (“FCC” or “Commission”) Notice of Proposed Rulemaking regarding its proposal to require broadcast stations, cable operators, and other entities (“covered entities”) to disclose the use of artificial intelligence (“AI”) generated content in political ads. The MPA appreciates the FCC’s efforts to promote greater transparency—and rein in the use of false, misleading or deceptive material—in political ads. However, the Commission should not adopt its Proposed Rules. While they are infirm in several respects, the Proposed Rules would impose labeling requirements on core political speech that disregard fundamental First Amendment guarantees and would fail judicial scrutiny by compelling disclosures of constitutionally protected expressions that are not false, misleading or deceptive.