AI Disclosure Requirements: Navigating State Laws and Platform Rules

Summary

The 2024 election cycle has ushered in a new era of AI-related political advertising regulations. This AdExchanger report provides a comprehensive state-by-state breakdown of AI disclosure requirements affecting political advertisements across 13 US states. Unlike federal regulations that remain in development, these state laws are already in effect, creating a complex patchwork of compliance requirements for political campaigns, advertisers, and platforms. The report specifically focuses on deepfakes and AI-generated content in political communications, offering practical guidance for navigating varying disclosure mandates, penalty structures, and enforcement mechanisms.

The Regulatory Patchwork: What's Different State by State

Each state has taken a unique approach to AI disclosure in political advertising, creating significant compliance challenges:

• California and Washington lead with the most comprehensive frameworks, requiring clear labeling of any AI-generated or AI-modified content
• Florida and Texas focus specifically on deepfake prohibitions with criminal penalties
• Michigan and New York emphasize platform responsibilities and takedown procedures
• Smaller states like Hawaii and Idaho have adopted more targeted approaches focusing on candidate likenesses
• Nevada and Utah include unique provisions for AI-generated audio content beyond visual deepfakes

The report highlights critical timing differences - some laws apply year-round while others activate only during election periods, and disclosure requirements range from simple text warnings to detailed technical specifications.

Who This Resource Is For

This report is essential for:

• Political campaign managers and consultants running multi-state campaigns who need to ensure compliance across jurisdictions
• Digital advertising agencies handling political accounts and need to understand platform-specific requirements
• Social media platforms and ad networks developing content policies and automated detection systems
• Legal counsel advising political organizations on election law compliance
• Marketing technology vendors building tools for political advertising workflows
• Compliance officers at media companies covering elections or accepting political advertisements

Critical Compliance Gaps and Gotchas

The report identifies several areas where current state laws create confusion or leave gaps:

Definition Inconsistencies: What constitutes "AI-generated" varies significantly between states, with some requiring disclosure for basic photo filters while others focus only on sophisticated deepfakes.

Platform vs. Advertiser Responsibility: States differ on whether platforms, advertisers, or both bear liability for non-compliance, creating uncertainty about enforcement targets.

Technical Implementation Challenges: Required disclosure language varies in format, placement, and duration requirements, making automated compliance difficult for platforms managing multiple state requirements simultaneously.

Enforcement Mechanisms: Penalties range from civil fines to criminal charges, with some states lacking clear enforcement procedures or designated oversight bodies.

The Bottom Line for 2024 and Beyond

State-level AI disclosure requirements represent the first wave of practical AI governance in the political sphere, but they're evolving rapidly. The report emphasizes that waiting for federal standards isn't viable - organizations must build compliance systems now that can adapt to the most restrictive state requirements while remaining flexible for future changes.

Key recommendations include implementing the strictest disclosure standards across all states (rather than customizing by jurisdiction), establishing clear internal policies for AI content review, and monitoring proposed legislation in additional states likely to pass similar requirements before the 2026 election cycle.

The report also notes that platform policies often exceed state requirements, making platform compliance the practical floor rather than the ceiling for political AI disclosure practices.