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Due to AI’s swift growth, it’s important that regulations are crafted that encourage continual innovation and positive use while curbing threats and ensuring safety. Several regulatory elements may be on the horizon that affect the PR profession.
While regulation is frequently thought to stifle innovation, there is some reluctance to create sweeping rules for AI, particularly in the United States. PR practitioners should stay informed about the evolving nature of AI laws and be ready to make ethical decisions even without clear guidelines.
Here are a few of the policies, laws and potential regulations to be aware of moving forward:
• The Biden-Harris Administration released an Executive Order (EO) on AI in October 2023, calling on federal agencies to develop AI standards that will impact organizations that use AI, especially providers of generative AI tools and health-care providers.
The EO broadly focuses on eight areas, such as promoting responsible competition and innovation in AI systems. It’s important to note that this EO is more about the AI industry than individual user regulation. Of top concern is the fear of having AI become the ultimate decision-maker in high-impact decisions, such as health care and housing.
• Congress plans to follow this EO with legislation that provides more targeted and specific regulatory solutions. A newly created AI task force predicts several AI bills will be presented this year, and many states are also working on their own regulations. Focus areas include disclosure requirements for AI-generated content and standards for developing AI tools.
It is important to note, though, that the chances of legislation passing and becoming law in a highly politically polarized Congress are limited. Still, this past May, a bipartisan group of U.S. senators announced they seek to create comprehensive legislation around AI use, including increased funding for AI, regulations on AI safety, national security, impact on U.S. jobs, disinformation and education.
• The intellectual property and AI conundrum continues. The U.S. Copyright Office (USCO) has refused to copyright an AI-generated image at least four times.
However, the USCO released guidance in 2023, noting they would copyright a work created with the assistance of AI, given there is “sufficient” human involvement.
This is perhaps the most developed area of AI, and one in which PR practitioners should watch. Essentially, the USCO has found that generative AI content doesn’t always pass the threshold needed to constitute intellectual property.
Consequently, PR practitioners might create AI-generated content that falls into the public domain. This challenges reputation management, as PR practitioners would lack control over such content.
AI considerations overseas
With a contrasting approach, Japan will not enforce copyrights on data used for AI training as part of its strategy to become a leader in artificial intelligence, reported the Business Information Industry Association.
If your organization operates within the EU, you should be aware of the requirements in the new EU AI Act (“…the first comprehensive regulation addressing the risks of artificial intelligence through a set of obligations and requirements that intend to safeguard the health, safety and fundamental rights of EU citizens and beyond, and is expected to have an outsized impact on AI governance worldwide.”
The EU’s AI Act also has limitations. It was developed before the general public’s widespread use of generative AI platforms and does not directly regulate the communications industry.
One of its primary concerns is discrimination and the use of AI to create social scoring that places certain people at a disadvantage because of their race, religion, sexual identity or gender orientation.
Key steps for compliance and ethical use
Here are recommendations based on the new and proposed guidelines:
• Perform an “AI Audit” to determine how AI is currently being used in your organization. It is important to remember that multiple constituency groups within an organization need a seat at the table in this conversation. These may include communications, legal, IT, sales and human resources.
By bringing diverse voices to solve the AI audit, any resulting policy will be more representative and comprehensive.
• Craft an AI policy outlining legal and ethical use, such as disclosing when AI tools are used in work products. Note that any policy will need updating and regular troubleshooting as AI changes in both its use and sophistication.
• Consider establishing an AI team to monitor and respond to regulatory changes and update organizational policy as new developments arise.
Holly K. Hall, APR, J.D., is a professor of strategic communication at Arkansas State University and a member of the PRSA Board of Ethics and Professional Standards (BEPS).
Cayce Myers, Ph.D., LL.M., J.D., APR, is a professor of public relations and director of graduate studies at Virginia Tech School of Communication. He also serves on the PRSA Board of Directors.
[Illustration credit: deznook]
