Pennsylvania has enacted the AI Deceptive Advertising Act, making it one of the first states to require disclosures on AI content. The law requires labels regardless of where an ad was created, meaning disclosures could appear in commercials in other states if those ads are also expected to air in Pennsylvania. The measure therefore reaches beyond Pennsylvania’s borders in some cases.
The law leaves many loopholes. What constitutes “significantly modified” content is subjective, and there is a carve-out for “parody, satire, commentary or criticism,” as well as for anything that is “evidently fictional.” The meaning of “evidently fictional” is unclear.
The wording also suggests that only content that “uses synthetic content in a manner that creates a false consumer perception” about a product or service would require a disclosure. That leaves questions about what qualifies as “false” under the law and who makes those decisions.
The bill was introduced by State Senator Nick Pisciottano. His office did not immediately return a request for comment.
The law adds Pennsylvania to a small group of states requiring disclosures on AI content. Because the labeling requirement applies regardless of where an ad was made, advertisers whose commercials are expected to air in Pennsylvania may need to include disclosures that also appear in other states. The open questions around modification, fictional content and false consumer perception remain unaddressed in the text.
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