AI Frontier Institute

Providing for disclosure of synthetic advertising content and for enforcement.

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House Bill 95 (Printer's No. 3348) has passed the Pennsylvania House (124-78) and is now in the Senate Communications & Technology Committee. It has not been enacted. If enacted, it would be the "Artificial Intelligence Transparency in Advertising Act" (Section 1). The amended text replaces the original approach, which would have amended the Unfair Trade Practices and Consumer Protection Law's definitions to cover any undisclosed AI-generated content. Section 3(a) would bar a person from knowingly or willfully disseminating, or causing the dissemination of, an advertisement containing "synthetic advertising content" without a clear and conspicuous disclosure. Section 2 defines synthetic advertising content as images, video or audio in an ad that AI has significantly modified or generated, where the AI materially alters a reasonable consumer's perception of the nature, origin, authenticity, performance or endorsements of the advertised goods or services. It excludes content that is evidently fictional, parody, satire, commentary or criticism, or text-only content. The disclosure must state that the ad contains content modified or generated using AI. It must appear in the first instance the content is presented and be in the same medium as the ad. To the extent technically feasible, it must be permanent or extraordinarily difficult to remove. Section 2 also defines "clear and conspicuous" with detailed size, contrast, duration, audibility and placement criteria. Section 3(b) provides that making a disclosure does not limit recourse under law. Under Section 4, a violation would be an unfair or deceptive act under the Unfair Trade Practices and Consumer Protection Law, with that law's enforcement provisions, civil penalties and private rights of action. Section 5 exempts advertising media, such as streaming services, broadcasters, cable or satellite operators, internet service providers and publications, that publish an ad in good faith without knowing it contains synthetic content. Under Section 6, the act would take effect in one year.

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