Compliance

Political advertisement

Any advertisement of a political nature regulated by the bill.

How the laws define this

Common to these regulatory provisions is a core focus on political or election-related communications—specifically those concerning candidates for office—that carry required disclosures or disclaimers. However, these instruments diverge significantly regarding their specific scope, triggers, and timing. Florida HB 919 defines the concept broadly as any communication supporting or opposing a candidate for public office or a ballot measure. In contrast, the provisions in Tennessee Code Annotated, Title 2, Chapter 19 target communications intended to influence elections, introducing a distinct temporal threshold by focusing on materials distributed within 120 days of voting. Differing from both, a bill creating new provisions relating to the use of artificial intelligence in elections limits its definition exclusively to political advertisements that contain AI-generated content under specific conditions. Consequently, whether a communication qualifies depends on whether a jurisdiction requires the inclusion of artificial intelligence, basic candidate or ballot advocacy, or intent to influence an election within a 120-day voting window.

Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
Florida, United StatesFlorida HB 919 - AI in Political AdvertisingIn ForceExplicitly defines it as any communication supporting or opposing a candidate or ballot measure, with specific disclosure requirements under the Florida Election Code.
Tennessee, United StatesAN ACT to amend Tennessee Code Annotated, Title 2, Chapter 19, relative to the Transparency for Deepfakes in Political Advertising Act.Awaiting EntryDoes not explicitly define the term but targets communications influencing elections distributed within 120 days of voting concerning candidates.
Missouri, United StatesCreates new provisions relating to the use of artificial intelligence in electionsWithdrawnLimits it to any advertisement of a political nature subject to disclaimer requirements if containing AI-generated content under specific conditions.

What it triggers

  • In Florida, under HB 919, it requires sponsors to disclose synthetic or generative AI content deceptively depicting real persons.source
  • Under Tennessee's HB 1513, it would require clear disclaimers on deepfake political advertisements.
  • Under Missouri Senate Bill 509, it would have required disclosure of deceptive AI-generated election content through disclaimers and metadata.source

Definitions (3)

For the purposes of this bill, a political advertisement refers to any advertisement of a political nature subject to the disclaimer requirements if it contains AI-generated content under specific conditions.

As defined in the Florida Election Code, any communication that supports or opposes a candidate for public office or a ballot measure, subject to specific disclosure requirements.

While not explicitly defined as a standalone term, the act's provisions clearly target communications intended to influence elections, particularly those distributed within 120 days of voting, and specifically when they concern candidates for elected office.

Not to be confused with

Qualified political advertisement

Qualified political advertisement specifically contains image, audio, or video generated or substantially altered by AI, while political advertisement is broader.

AI-generated campaign media

AI-generated campaign media is content created or altered using AI tools in campaigns, whereas political advertisement covers any political nature ad potentially with AI.

Electioneering communication

Electioneering communication is a political communication covered by AI disclaimer requirements, similar but not identical to the broader political advertisement.

Questions and answers

What disclosures are required for political ads using AI in Florida?

Florida HB 919 requires sponsors of political ads to disclose synthetic or generative AI content deceptively depicting real persons. This applies to communications supporting or opposing candidates or ballot measures.

When do deepfake rules apply to political ads in Tennessee?

Tennessee's HB 1513 targets communications intended to influence elections distributed within 120 days of voting concerning candidates, requiring clear disclaimers on deepfakes.

Does Missouri law regulate AI in political ads?

Missouri Senate Bill 509, which was withdrawn, would have required disclosures for political ads containing AI-generated content through disclaimers and metadata.