United States Congress introduced H.R. 9578, the "Spot the Fakes Act," on July 2, 2026 [1]. This proposed measure would require AI-generated content to be labeled as such, either within the metadata of the output or by other technological means [1]. The bill outlines new duties for persons who own or control AI-generated content, with enforcement provisions involving the Federal Trade Commission [1].
Proposed Labeling Requirement
The core of H.R. 9578 is the mandate for labeling AI-generated content [1]. The bill states that "A person that owns or controls AI-generated content shall label such content as AI-generated within the metadata of the output or by any other technological means to provide indelible verification of provenance as determined appropriate by the Director of the National Institute of Standards and Technology" [1]. This requirement applies to "any video, image, audio, text, or any other medium that is generated by artificial intelligence" [1].
Method of Disclosure and Enforcement
H.R. 9578 tasks the Federal Trade Commission (FTC), in consultation with the Director of the National Institute of Standards and Technology (NIST), with issuing regulations [1]. These regulations would determine the specific method for how the AI-generated label is shown in metadata or through other technological means [1]. The Commission would have six months from the date of enactment to issue these regulations [1].
A violation of the labeling requirement or any regulation promulgated under it would be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) [1]. This means the FTC would enforce the provisions using its existing powers and duties, subjecting violators to penalties and granting them privileges and immunities provided in the Federal Trade Commission Act [1].
Definitions and Open Questions
The bill defines "artificial intelligence" and "AI" by referencing the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401) [1]. "AI-generated content" includes "any video, image, audio, text, or any other medium that is generated by artificial intelligence" [1]. "Commission" refers to the Federal Trade Commission, and "metadata" is defined by section 3502 of title 44, United States Code [1].
The introduction of H.R. 9578 signals a proposed shift toward mandated transparency for AI-generated content. The bill's progression will determine the scope and timing of new compliance considerations for entities that own or control such content.
Potential enterprise implications
If H.R. 9578 were enacted, would current AI-generated content across the enterprise, including video, image, audio, and text, require new labeling mechanisms for indelible provenance verification? [1]
What specific types of AI-generated content, beyond video, image, audio, and text, might fall under the proposed H.R. 9578 labeling requirements, and how might NIST's future guidance shape this scope? [1]
If H.R. 9578 is enacted, what specific technical controls or evidence for "indelible verification of provenance" might NIST determine as appropriate for AI-generated content labeling? [1]
If H.R. 9578 is enacted, what specific future obligations would attach to entities owning or controlling AI-generated content, and by what future dates would FTC regulations be due? [1]
If H.R. 9578 is enacted, how might the Federal Trade Commission's existing enforcement powers and penalties for unfair or deceptive acts apply to proposed AI content labeling violations? [1]