DeSantis signs bill to regulate artificial intelligence in political ads

Eric Daugherty contributed to this report.

TALLAHASSEE, Fla. – Gov. Ron DeSantis signed a bill Friday to regulate political advertisements created with generative artificial intelligence, or AI.

A disclaimer will be required for AI-generated political ads that “appear” to show a real person doing something that did not actually occur. The ad must have also been created with “intent to injure” another candidate, or to deceive regarding a political issue.

The disclaimer must state: “Created in whole or in part with the use of generative artificial intelligence.”

Rep. Alex Rizo, R-Hialeah, and Sen. Nick DiCeglie, R-St. Petersburg, sponsored the bill, HB 919. The House passed the bill 104-8 while the Senate passed it unanimously, 32-0.

DiCeglie previously praised lawmakers for taking such action during the presidential election year. He said that Floridians deserve to know when an ad is generated with AI to falsely depict somebody.

During the legislative session, Rizo said that “there is a real concern to change reality on people” with AI. He pointed to a fake robocall of President Joe Biden telling people “stay home and don’t go vote.”

The AI disclaimer will be required on top of other currently-required campaign finance disclaimers required. Civil penalties can be imposed on violators.

It sets out specifications for how the disclaimer must be displayed as well. On video, it must be “readable throughout the communication” and must occupy at least 4% of the vertical height of the picture. The same requirements are set for graphic ads.

If AI is used for an audio ad, the disclaimer must be read for at least three seconds, and read at the beginning or end.

On “internet” ads, the disclaimer has to be viewable by the user, without that user having to take any action to see it. It also must be clearly readable.

The Florida Elections Commission can investigate violations. Complaints can be filed for noncompliant AI ads if there is no disclaimer displayed.

The law will go into effect July 1.