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California Takes a Stand Against Deepfake Election Content with New Legislation

Governor Gavin Newsom has signed a series of groundbreaking measures aimed at tackling the growing issue of deepfakes and AI-manipulated content in political campaigns. This move is seen as a vital step to preserve the integrity of elections and foster public trust.

“Safeguarding the integrity of elections is essential to democracy,” said Newsom. “It’s critical that we ensure AI is not deployed to undermine the public’s trust through disinformation.”

Key Legislative Measures

Governor Newsom signed three bills to strengthen California’s stance against AI-generated deception in elections:

  1. AB 2655: Authored by Assemblymember Marc Berman, this bill targets large online platforms, mandating the removal or labeling of AI-generated or manipulated content related to elections during specific periods. Platforms are also required to provide mechanisms for reporting such content. Additionally, it grants the power to candidates, elected officials, and other authorities to seek legal action against non-compliant platforms.“AI-generated deepfakes pose a clear and present risk to our elections and our democracy,” said Berman. “AB 2655 is a first-in-the-nation solution to this growing threat.”
  2. AB 2839: An urgency measure by Assemblymember Gail Pellerin, this bill extends the timeframe during which entities are prohibited from distributing deceptive AI-generated content. It also broadens the scope of existing laws, allowing civil actions against the distribution of manipulated media targeting elected officials, candidates, and election personnel.“Signing AB 2839 into law is a significant step in continuing to protect the integrity of our democratic process,” said Pellerin. “California is taking a stand against the manipulative use of deepfake technology to deceive voters.”
  3. AB 2355: Introduced by Assemblymember Wendy Carrillo, this bill requires electoral advertisements using AI-generated or substantially altered content to include a clear disclosure. The Fair Political Practices Commission is authorized to enforce these disclosure requirements through injunctive relief or other remedies under the Political Reform Act.“The rapid improvements in AI have made it easier to create convincingly fake images, videos, and sounds,” said Carrillo. “This is a balanced policy that makes California the first state to include artificial intelligence under its campaign transparency rules.”

California’s Broader AI Initiative

These laws build on previous efforts to address deepfakes in elections, including legislation signed in 2019. Earlier in the day, Newsom also signed measures protecting the digital likeness of actors and performers, ensuring AI is not used to replicate their voice or likeness without consent.

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California, home to many leading AI companies, continues to explore ways to leverage AI responsibly. Last month, the state partnered with NVIDIA on an AI collaboration, and Governor Newsom’s administration has hosted AI summits to discuss the technology’s potential benefits and risks. Last year, Newsom signed an executive order to promote the equitable and responsible use of AI while staying at the forefront of innovation.

By enacting these laws, California is setting a precedent for other states and nations grappling with the rapid advancements in AI and its implications for democracy.

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