Policy Backgrounders

Regulating Political Deepfakes

August 01, 2024

Trusted Insights for What’s Ahead™

This November’s election is the first in which generative AI is widely available, presenting a challenge for policymakers in how best to establish guardrails on the use of this technology. In particular, in the absence of federal legislation regulating the use of deepfakes – realistic yet fabricated media – in political ads, states have spearheaded this effort. This year, 17 states have enacted legislation on the issue, bringing the total number of states with deepfake-related legislation to 23.

• While traditional media continues to dominate political ad spending, digital platforms are growing in importance. Connected TV (CTV), which refers to devices connected to the internet, is expected to receive 45 percent of digital ad spending in 2024, up from 19 percent in 2020.
• State laws fall into two categories: disclosure requirements and temporary bans.
• In July, the FCC issued a Notice of Proposed Rulemaking to mandate disclosure of AI-generated content in political ads; it would effectively require television and radio ads to disclose whether they include AI-generated content. However, the rule is unlikely to take effect before the election.