California Enacts Laws to Combat AI Deepfakes in Political Campaigns

In a decisive move to protect the integrity of electoral processes, California Governor Gavin Newsom signed three bills into law on September 17, 2024, targeting the use of artificial intelligence (AI)-generated deepfakes in political campaigns. These measures aim to curb the dissemination of deceptive digital content that could mislead voters and undermine democracy.

The newly enacted laws—Assembly Bills 2655, 2839, and 2355—introduce stringent regulations on the creation and distribution of AI-manipulated media in political contexts. AB 2655, authored by Assemblymember Marc Berman (D-Menlo Park), mandates that large online platforms remove or label deceptive, digitally altered content related to elections during specified periods. It also requires these platforms to provide mechanisms for reporting such content and authorizes legal action against non-compliant platforms.

AB 2839, introduced by Assemblymember Gail Pellerin (D-Santa Cruz), expands the timeframe during which it is prohibited to distribute election materials containing deceptive AI-generated content. It broadens the scope to include materials depicting elected officials, candidates, and election officials, allowing them to file civil actions to stop the distribution of such material.

AB 2355, proposed by Assemblymember Wendy Carrillo (D-Los Angeles), requires that electoral advertisements using AI-generated or substantially altered content include a disclosure indicating that the material has been altered. The Fair Political Practices Commission is authorized to enforce violations of these disclosure requirements.

Governor Newsom emphasized the importance of these measures, stating, "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."

The enactment of these laws reflects California's proactive stance in regulating emerging technologies to protect democratic processes. However, the legislation has faced legal challenges. In October 2024, U.S. District Judge John A. Mendez temporarily blocked one of the laws that allowed individuals to sue over election-related deepfakes, ruling that it likely violates the First Amendment by stifling free expression and humor. The ruling came after YouTuber Christopher Kohls sued, arguing that the law infringes on First Amendment protections. (apnews.com)

Despite these challenges, California's legislative actions have set a precedent for other states and jurisdictions to consider similar measures. The rapid advancement of AI technologies has made it easier to produce hyper-realistic yet entirely fabricated content, posing significant risks to public trust and the democratic process. By implementing these laws, California aims to mitigate the risks associated with AI-generated deepfakes in political campaigns, aiming to preserve the integrity of elections and maintain public trust in the democratic process.

In summary, California's recent legislation represents a significant step toward addressing the challenges posed by AI-generated deepfakes in political contexts. While legal hurdles remain, the state's proactive approach underscores the growing recognition of the need to regulate emerging technologies to prevent misinformation and protect democratic processes.