Another piece of legislation sought by broadcasters will have to wait. A last-minute effort to pass the NO FAKES Act in the Senate ran into an objection from a senator who has already voiced free-speech concerns, leaving the bill’s future to a short post-election session.
Senator Marsha Blackburn (R-TN) sought unanimous consent to pass the bill, but Sen. Ted Cruz (R-TX) objected, saying the legislation still needs stronger free-speech protections. The objection ended sponsors’ hopes of passing the measure before the Senate left Washington for its extended midterm election recess.
The bipartisan legislation would create the first federal right of publicity and give Americans new legal protections against unauthorized AI-generated replicas of their voices and likenesses.
In June, the Senate Judiciary Committee advanced the bill by unanimous voice vote, with Cruz among three Republican senators who raised First Amendment concerns during the markup. The bill would give individuals exclusive authority over digital replicas of their voice or likeness for up to 70 years after death, and platforms hosting unauthorized replicas could face liability of up to $750,000 per work.
Every state broadcasters association had formally backed the legislation.
The bill is now stalled until at least November, putting it alongside the AM Radio for Every Vehicle Act in a competition for precious floor time before the end of the current Congress.
