A new provision tucked into the “One Big, Beautiful Bill” in Congress could make many state-level AI regulations unenforceable, with serious implications for radio broadcasters. The measure, present in both House and Senate versions of the legislation, would create a 10-year moratorium on state enforcement of any laws that limit or regulate artificial intelligence, shifting oversight entirely to federal agencies and the private sector.
States could still pass AI-related laws, but without enforcement power, these rules would have little effect. This comes as radio broadcasters face growing challenges involving AI-generated content, including deepfakes, synthetic voices, and manipulation in political advertising. Losing the ability to rely on state-level protections adds new uncertainty for stations already navigating high-stakes elections and audience trust issues.
The moratorium proposal has sparked strong opposition from several state attorneys general and lawmakers. Tennessee Attorney General Jonathan Skrmetti and Washington Attorney General Nick Brown have joined Senators Maria Cantwell and Marsha Blackburn in voicing concern. Skrmetti warned that the moratorium could leave consumers vulnerable. “If there’s a 10-year moratorium on state enforcement, that effectively means 10 years where we are at the mercy of the judgment of big tech,” he said.
Blackburn cited Tennessee’s ELVIS Act, which criminalizes unauthorized AI voice cloning, as an example of the protections at risk. Other states have moved quickly to enact similar measures. New York requires audible disclosures in political ads using AI, and states including California, Texas, Minnesota, New Jersey, and Utah have laws mandating labels or rejections for deepfake content. Oregon has gone further, requiring disclosure for any AI use in campaign messaging.
If the moratorium becomes law, these protections may become unenforceable until 2035. Broadcasters would be left navigating unclear federal standards and the shifting landscape of AI-generated media without state-level safeguards.
The National Association of Broadcasters has acknowledged the dangers of misleading AI content but warned against a patchwork of conflicting regulations that could overwhelm stations. The NAB continues to advocate for a unified approach that protects consumers while maintaining reasonable compliance standards for local media outlets.
Public concern is rising. A 2024 Reuters Institute report found that 72% of Americans worry about their ability to distinguish real from AI-generated content, highlighting the urgency of regulatory clarity in a fast-evolving media environment.