NAB filed reply comments on November 21 in response to possible efforts by the Federal Communications Commission (FCC) to limit the amount of embedded advertising in television and radio. Currently, broadcasters are required to air notices during programs of any non-obvious sponsored content included in that program. Examples include paid-for props during a television show or a product mentioned by a radio host. The FCC is considering new regulations that could substantially increase those requirements, including requirements to air disclosures longer or more prominently at the end of programs. Some commenters are also pushing the FCC to require disclosures during programming as an embedded advertisement appears. NAB argued in response that such disclosures are unnecessary and would be a clear violation of the First Amendment’s protection of commercial speech. NAB was joined in opposition to new regulation by most of the major networks, advertising groups, and several state broadcast associations that filed comments separately. You can read NAB’s reply comments here.
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