E-O Sparks Potential Clash Over Regulation of AI in Broadcasting

President Donald Trump signed an executive order last week, directing the FCC to initiate a proceeding within 90 days to explore adopting a unified federal reporting and disclosure standard for AI-generated content, potentially preempting conflicting state laws that require on-air disclaimers or other transparency measures in broadcasting.

The order, titled "Ensuring a National Policy Framework for Artificial Intelligence," aims to create a single national AI policy to avoid a "patchwork" of state regulations, which the administration argues hinders innovation and U.S. competitiveness in AI. It instructs FCC Chairman Brendan Carr to evaluate a federal standard that could override state rules on AI disclosures, particularly those affecting political advertising and synthetic media.

This move could significantly impact U.S. radio and television broadcasters, who increasingly use AI for content creation, synthetic voices, and ads. With the 2026 midterm elections approaching, stations face growing risks from deepfakes and AI-altered political spots. Several states—including New York, California, Texas, Minnesota, and Washington—have already enacted laws mandating audible or visual disclaimers for AI-generated political ads or holding broadcasters accountable for deceptive synthetic content. Tennessee's ELVIS Act also targets unauthorized AI voice cloning in broadcasting.

Brendan Carr

The executive order further escalates tensions by directing the Department of Justice (DOJ) to establish an "AI Litigation Task Force" solely responsible for challenging "onerous" state AI laws on grounds such as preemption, interstate commerce violations, or First Amendment conflicts. It also authorizes tying discretionary federal grants, including broadband funding, to states agreeing not to enforce conflicting AI rules.

Broadcasters now operate in a regulatory gray area: state disclosure requirements remain in effect but may soon face federal challenges or preemption, leaving stations uncertain about compliance for AI use in programming and ads. Industry observers warn this could complicate efforts to ensure content authenticity during election cycles.

FCC Chairman Carr applauded the order, calling it "historic" for protecting innovation. However, critics, including some state officials and advocacy groups, argue the executive action overreaches, as only Congress can broadly preempt state laws. Legal challenges are expected.

The order builds on Trump's earlier AI policies, including revoking prior restrictions and promoting "truthful" AI models. It follows failed congressional attempts to impose a moratorium on state AI regulations earlier in 2025.

For radio broadcasters specifically, the potential federal standard could simplify operations by replacing varied state mandates but raises questions about how it will address public interest obligations in an era of rapidly advancing AI tools. Ongoing FCC proceedings on AI in political ads, initiated earlier, may intersect with this new directive.