California Takes a Stand Against Political AI Deepfakes

California Governor Gavin Newsom has enacted a stringent new law aimed at combating politically-themed artificial intelligence deepfakes in election contexts. This legislation arrives shortly after a widely viewed parody involving Kamala Harris, which utilized AI voice manipulation to make it appear as though she described herself as an incompetent presidential candidate.

Background: The Spark for Change

In late July, Governor Newsom highlighted the impact of Elon Musk’s viral post and pledged to introduce legislation to address the issue. The newly enacted law, known as AB 2839, prohibits individuals and groups from knowingly sharing election-related deepfakes and other materially deceptive content. This represents a significant shift in California’s approach to misinformation in political campaigning.

Previously, California law restricted the distribution of materially deceptive media related to candidates only within 60 days of an election. The new law expands this timeframe, now banning such content 120 days before an election and extending the ban to 60 days after an election has concluded. This proactive measure aims to minimize the spread of misinformation during crucial electoral periods.

Additional Measures Against AI Deepfakes

On the same day, Newsom signed two more laws that further tackle the issue of political AI deepfakes, although these will not take effect until January. The first, AB 2355, mandates that political advertisements generated or significantly altered using AI must be clearly labeled, ensuring transparency for voters.

The second law, AB 2655, requires social media platforms with over one million California users—such as Facebook and X—to block deceptive content related to elections during specified times. Furthermore, this law holds platforms accountable for failing to remove misleading content within 72 hours of receiving a user report.

These three laws are specifically applicable to California and represent a pioneering effort in regulating AI-generated content. During a fireside chat with Salesforce CEO Marc Benioff at the Dreamforce conference in San Francisco, Newsom emphasized the distinctive nature of these measures compared to other legislative efforts across the country.

Ilana Beller, an organizing manager at the consumer advocacy group Public Citizen, commented on the importance of these laws, noting their potential impact on safeguarding democracy.

Protecting Performers’ Digital Likenesses

In addition to tackling deepfakes, Newsom signed two more bills, AB 1836 and AB 2602, on September 17. These laws aim to provide greater protection for performers regarding the use of their digital likenesses, highlighting a growing recognition of the rights of individuals in the digital realm.

With these new laws, California is positioning itself at the forefront of the battle against misinformation and the misuse of artificial intelligence in political contexts. As technology evolves, the state’s proactive measures may serve as a blueprint for other regions grappling with similar challenges in maintaining the integrity of democratic processes.