Pennsylvania to require labels on ads made with artificial intelligence

Pennsylvania Governor Josh Shapiro on Thursday signed the Artificial Intelligence Deceptive Advertising Act, a US state law requiring a disclosure on advertisements that have been significantly modified or generated by artificial intelligence (AI). Pennsylvania is one of the first states in the country to demand such disclosures for AI content.

What the law requires

The rule covers every ad format: still images, video, audio and text. The label must appear in the same format as the ad itself. It applies to television commercials from large corporations as well as to flyers handed out by small restaurants.

The requirement holds regardless of where an ad was made. Commercials produced in other states may therefore carry the label if they are also expected to air in Pennsylvania.

Unclear exceptions

The law leaves several gaps. What counts as "significantly modified" is subjective. Parody, satire, commentary and criticism are exempt, as is anything "evidently fictional", a phrase that is also not clearly defined.

The wording also suggests a disclosure is needed only when synthetic content is used in a way that creates a false consumer perception of a product or service. It is unclear what qualifies as "false" under the law and who will decide.

The office of State Senator Nick Pisciottano, who introduced the bill, had not immediately responded to The Verge's request for comment.