Under existing law, distributing materially deceptive audio or visual media of a candidate within 60 days of an election is prohibited unless the media is clearly labeled as manipulated. Assembly Bill 2839, which goes into effect immediately, expands this prohibition. It bars any “person, committee, or entity” from distributing election communications or advertisements containing maliciously deceptive content, especially if such content portrays candidates, election officials, or election equipment in a false and misleading way. This prohibition now extends to 120 days before an election and, in certain cases, for 60 days following an election. The bill defines "malice" as knowingly distributing false or misleading media with the intent to deceive voters or harm the reputation of a candidate or election official. The restrictions apply to various forms of media, including audio, visual, and text, whether distributed through television, radio, the internet, or print. A key concern addressed by AB 2839 is the increasing use of AI-generated disinformation, such as deepfakes. The legislation comes in response to numerous AI-generated parody and satirical videos targeting public figures, including Vice President Kamala Harris and former President Donald Trump. The bill is likely to face legal challenges, given that the U.S. Supreme Court has previously ruled that satirical and parody content featuring political figures is protected under the First Amendment, particularly “when that speech could not reasonably have been interpreted as stating actual facts about the public figure involved.”California Gov. Gavin Newsom has signed into law a bill prohibiting the distribution of AI-generated political parody videos and memes.
“Safeguarding the integrity of elections is essential to democracy, and it’s critical that we ensure AI is not deployed to undermine the public’s trust through disinformation — especially in today’s fraught political climate,” Newsom said in a statement.
The governor of California just made this parody video illegal in violation of the Constitution of the United States.
Would be a shame if it went viral. https://t.co/OCBewC4vOb
— Elon Musk (@elonmusk) September 18, 2024 The legislation states:
California is entering its first-ever artificial intelligence (AI) election, in which disinformation powered by generative AI will pollute our information ecosystems like never before. Voters will not know what images, audio, or video they can trust. In a few clicks, using current technology, bad actors now have the power to create a false image of a candidate accepting a bribe, or a fake video of an elections official “caught on tape” saying that voting machines are not secure, or generate an artificial robocall in the Governor’s voice telling millions of Californians their voting site has changed. In the lead-up to the 2024 presidential elections, candidates and parties are already creating and distributing deepfake images and audio and video content. These fake images or files can skew election results, even if they use older methods of distribution, such as mail, television, telephone, and text, and undermine trust in the ballot counting process. In order to ensure California elections are free and fair, California must, for a limited time before and after elections, prevent the use of deepfakes and disinformation meant to prevent voters from voting and deceive voters based on fraudulent content. AB 2839 introduces strict disclosure requirements for manipulated media. If an advertisement or communication includes false or altered content, it must carry a clear disclaimer stating that the media has been manipulated. The legislation outlines several exemptions. Satirical or parody content is permitted, provided it includes appropriate disclaimers. News organizations and broadcasting stations may also be exempt under certain conditions, especially when airing bona fide news coverage or commentary.
I just signed a bill to make this illegal in the state of California.
You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content -- including deepfakes. https://t.co/VU4b8RBf6N
— Gavin Newsom (@GavinNewsom) September 17, 2024
