Pennsylvania’s AI Ad Law Requires Labels—and Has Loopholes — SkimNews

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- Josh Shapiro signed Pennsylvania’s Artificial Intelligence Deceptive Advertising Act into law on Thursday, requiring disclosures on AI-generated ads; Pennsylvania is one of the first states to mandate labels on AI content.
- Artificial Intelligence Deceptive Advertising Act applies to ads significantly modified or generated by AI in four formats—still image, video, audio and text—and requires the disclosure to match the ad’s format.
- Pennsylvania requires labels regardless of where an ad was created, so commercials shown in other states can carry disclosures if they are also expected to air in Pennsylvania.
- Artificial Intelligence Deceptive Advertising Act treats “significantly modified” as a subjective threshold and carves out parody, satire, commentary, criticism and anything “evidently fictional,” leaving those boundaries unclear.
- Artificial Intelligence Deceptive Advertising Act uses wording suggesting disclosure applies only when synthetic content creates a false consumer perception about a product or service, while leaving “false” and who decides unclear.
- Nick Pisciottano introduced the bill, but his office did not immediately respond to a request for comment.
Why it matters: Advertisers using AI across four formats must add disclosures when campaigns reach Pennsylvania, including ads produced outside the state. Consumers gain a disclosure requirement, but “significantly modified,” “evidently fictional,” and “false” remain undefined, leaving the statute without a clear rule for which campaigns qualify or who decides.
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