California Governor Gavin Newsom has signed three new laws aimed at regulating election-related content generated by artificial intelligence (AI), significantly expanding the state’s legislative framework around AI and deepfakes as the 2024 electoral season approaches. The laws are designed to combat the spread of disinformation and to safeguard electoral integrity.
The first of these laws, AB 2655, mandates that large online platforms block materially deceptive content related to elections in California. These platforms must also implement procedures for California residents to report any non-compliant content. Non-compliance by any platform will result in state officials seeking injunctive relief.
The second legislation, AB 2355, focuses on political advertisements generated or edited using AI. It requires these ads to carry disclosures making clear that AI was involved in their creation. The bill outlines specific formatting guidelines for these disclosures, aiming to prevent reasonable persons from mistakenly perceiving AI-generated content as authentic.
The final law, AB 2839, prohibits the malicious distribution of materially deceptive content 120 days before a California election, and in some cases 60 days after. Victims of such content can file civil actions to seek damages against those responsible for its distribution.
These laws build on earlier initiatives, such as AB 730 from 2019, which prohibited the distribution of deepfakes of candidates within 60 days of an election. The fundamental aim remains the same: to defend the sanctity of elections and protect voters from disinformation.
Commenting on the significance of these measures, Governor Newsom remarked, “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.”
Assemblymember Marc Berman, who introduced AB 2655, applauded the laws as a first-in-the-nation solution to AI-related issues in elections. These legislative efforts place California at the forefront of a global movement to regulate AI, mirroring actions in other jurisdictions such as Australia, India, and China, each of which has been taking steps to combat the misuse of deepfake technology.
Read more about these new laws and their implications for AI and election integrity.