ARTICLE
7 September 2023

Google To Require Election Ads To Disclose When They Use AI-Generated Content

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Frankfurt Kurnit Klein & Selz

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Google announced that, starting in November, it will require political advertising in the United States (and many other regions) to disclose when the advertising incorporates AI-generated content.
United States Media, Telecoms, IT, Entertainment
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Google announced that, starting in November, it will require political advertising in the United States (and many other regions) to disclose when the advertising incorporates AI-generated content.

According to media reports, Google explained, "Given the growing prevalence of tools that produce synthetic content, we're expanding our policies a step further to require advertisers to disclose when their election ads include material that's been digitally altered or generated."

Under the new policy, if political advertising includes "synthetic content that inauthentically depicts real or realistic-looking people or events," the advertising must disclose that information in a clear and conspicuous manner. Political advertisers must also ensure that the disclosure is "placed in a location where it is likely to be noticed by users."

Google said that examples of political advertising where a disclosure is required include:

  • An ad with synthetic content that makes it appear as if a person is saying or doing something they didn't say or do; and
  • An ad with synthetic content that alters footage of a real event or generates a realistic portrayal of an event to depict scenes that did not actually take place.

Google indicated, however, that a disclosure will not be required when ads "contain synthetic content altered or generated in such a way that is inconsequential to the claims made in the ad." Google explained that this could include the use of editing techniques such as "image resizing, cropping, color or brightening corrections, defect correction (for example, "red eye" removal), or background edits that do not create realistic depictions of actual events."

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