Florida Senate gives final passage to bill regulating AI political ads

Published Mar. 1, 2024, 11:40 a.m. ET | Updated Mar. 1, 2024

A computer, Feb. 20, 2019. (Photo/Rahul Pandit, Unsplash)
A computer, Feb. 20, 2019. (Photo/Rahul Pandit, Unsplash)

TALLAHASSEE, Fla. – The Florida Senate gave final passage to legislation Friday that would regulate political advertisements created with generative artificial intelligence, or AI.

A disclaimer would 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 to “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.”

It will now head to Gov. Ron DeSantis for signature.

Rep. Alex Rizo, R-Hialeah, sponsored the bill, HB 919. The House had passed it 104-8 this week. The Senate version was brought by Sen. Nick DiCeglie, R-St. Petersburg. It passed the Senate 32-0.

DiCeglie 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.

Rizo said this week 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 would 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.

It would take effect July 1 if signed by the governor.

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