Summary:
Un moratoire sur les réglementations étatiques concernant l’utilisation de l’intelligence artificielle dans les publicités politiques pourrait être imposé par le Congrès, interdisant aux États d’adopter de nouvelles lois pendant cinq ans. Bien que certaines exemptions soient envisagées pour protéger les individus vulnérables, les critiques soulignent que cette décision pourrait favoriser les grandes entreprises technologiques. Plusieurs États, dont Washington et Montana, ont déjà introduit des lois régulant l’utilisation de l’IA, tandis que des groupes de diffuseurs plaident pour ne pas être tenus responsables de l’application de ces normes.
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State laws that put requirements on the use of artificial intelligence in political ads could be sidelined for several years if Congress moves forward with a proposed moratorium on state regulations targeting AI. Under a compromise reached over the weekend, a “temporary pause” would be put into place, barring states from adopting AI regulations for the next five years. That is half as long as the original proposal that is included in President Trump’s tax and spending bill currently consuming Washington. The compromise is meant to bring some Republicans onboard, after some lawmakers said they opposed efforts to restrict states from regulating AI’s use.
Sen. Marsha Blackburn (R-TN) said the revisions would exempt state laws that “protect kids, creators, and other vulnerable individuals from the unintended consequences of AI.” That includes protecting individuals’ names, images and likenesses. For any other use, the proposal would bar states that adopt restrictions from accessing a $500 million fund that will support projects building out America’s AI infrastructure.
The provision, expected to be included in the Senate version of the so-called One, Big, Beautiful Bill, has the backing of several conservative and business groups, who say that a patchwork of state laws will limit the potential of AI in the coming years. “The moratorium is essential to preserving America’s global leadership in AI, protecting open markets, and giving Congress the space to establish a rational, unified national framework for the most important technology of our time,” the Consumer Technology Association said.
But Democrats are criticizing the revisions, saying they will amount to a “get out of jail free card” for big tech companies like Meta and TikTok.
“It’s just another giveaway to tech companies,” said Sen. Maria Cantwell (D-WA). “This provision gives AI and social media a brand-new shield against litigation and state regulation.” She said the legislation’s language is so broad that it would preempt state robocall laws that prohibit the use of automated systems for selecting and dialing telephone numbers without the consent of consumers.
State laws regulating AI are quickly coming onto broadcasters’ radar, impacting how they do business. At least three states — Washington, Montana and Arizona — have already passed state laws that regulate the use of AI in political advertising. In Montana, the law gives a candidate or political party the right to sue for an ad that uses manipulated content that is not adequately disclosed. Arizona and Washington also allow a candidate to sue if an ad runs before an election without including a disclosure that the media includes content generated by AI. Other states are looking to do the same.
Earlier this month, New York passed a new law requiring the disclosure on the use of “synthetic performers.” But in an eleventh-hour move, state lawmakers removed audio-only advertising from the law but kept TV ads as part of the bill. The labor union SAG-AFTRA is pushing other states to adopt similar laws to protect talent’s voice and image.
The National Association of Broadcasters says it doesn’t oppose the state laws across the board but NAB believes radio and TV stations should not be dragged into an enforcement role.
“Local broadcasting remains the most trusted source of news and information across America, and we embrace this unique role. However, broadcasters must not bear the burden and near-impossible task of pre-screening and placing AI disclosures on ads or other content received from other program suppliers,” spokeswoman Grace Whaley says. “That duty must lie with the content’s creator or sponsor. In some instances, such as in the instance of political candidate ads, federal law actually prohibits broadcasters from making any changes to the ad prior to airing, further emphasizing that the duty to label or disclose for AI content must reside with the content’s creator or sponsor.”
According to one count, there are currently more than one thousand AI-related bills under consideration in state legislatures around the country. The law firm BCLP has a running tally of each state’s proposals.