Babylon Bee Sues New Mexico Over AI Satire Law

The satirical news site The Babylon Bee filed a preemptive lawsuit against the New Mexico Ethics Commission to challenge HB 182, a 2024 law regulating AI-generated political content. The law requires a prominent disclaimer on materially deceptive media, including parody and satire, posted within 90 days of an election. Noncompliance can result in fines of up to $20,000.

Represented by the Alliance Defending Freedom, the publication argues that the mandate violates First Amendment free speech and due process rights. The Bee contends that the required labels spoil the joke and unfairly target entertainment and satire while exempting news stories. The legal action follows the site's publication of an AI-generated video mocking New Mexico Supreme Court Justice David K. Thomson.

The New Mexico Ethics Commission dismissed the lawsuit as baseless, stating it has never enforced AI-disclaimer requirements for political parody or satire. However, the complaint notes that Attorney General Raúl Torrez previously issued an advisory opinion suggesting the disclaimer requirement is likely unconstitutional on its face. Governor Michelle Lujan Grisham signed the bill into law despite noting that portions of the legislation could pose legal issues.

This challenge follows a similar legal battle in Hawaii, which ended in a settlement where the state paid $118,000 in attorneys' fees.