Pennsylvania’s AI Deceptive Advertising Act leaves significant loopholes.
On Thursday, Pennsylvania Governor Josh Shapiro signed the Artificial Intelligence Deceptive Advertising Act into law, mandating disclosures on AI-generated content. The legislation requires that any advertisement—whether a still image, video, audio clip, or text—determined to have been “significantly modified or generated by artificial intelligence” must carry a label in the same format as the ad itself. This mandate covers heavy-hitting television commercials from large corporations, as well as smaller local businesses like restaurants promoting their wing specials.
Pennsylvania stands as one of the first states to implement such disclosure requirements for AI content. Furthermore, the law applies regardless of where an advertisement is created, meaning viewers in other states might encounter these disclosures if the content is intended for broadcast in Pennsylvania.
Despite the enforcement, the law contains numerous loopholes. For instance, the definition of “significantly modified” remains subjective. Additionally, there are carve-outs for “parody, satire, commentary or criticism,” as well as content deemed “evidently fictional,” though the specific meaning of this term is ambiguous. The law stipulates that disclosures are only necessary for content using synthetic media to create a “false consumer perception” about a product or service, raising further questions regarding what constitutes a “false” claim and who holds the authority to make such determinations.
The office of State Senator Nick Pisciottano, who introduced the bill, did not immediately respond to a request for comment.
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