According to The Verge, Pennsylvania Governor Josh Shapiro has signed the Artificial Intelligence Deceptive Advertising Act. The law requires that any advertisement – whether a still image, video, audio or text – that has been "significantly modified or generated by artificial intelligence" carry a label in the same format as the ad itself. The requirement applies regardless of where the advertisement was created. According to the source, ads shown in other states may also be affected if they are set to air in Pennsylvania.
Many open questions
The article points to considerable room for interpretation. What counts as "significantly modified" is described as subjective. According to the source, there are carve-outs for "parody, satire, commentary or criticism" as well as content that is "evidently fictional"; what exactly that means remains unclear. Based on the wording, a labeling requirement seems to apply only where synthetic content creates a "false consumer perception" about a product or service. The Verge notes that the law leaves open who decides what counts as "false." According to the source, Pennsylvania is one of the first states to require disclosures for AI content.
What this may mean for companies
Companies that use AI-supported advertising materials in the US should check whether their creations are run in Pennsylvania and could fall under the definition. How the interpretation becomes concrete in practice is not currently foreseeable.
Sources
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