Golden State Today

Taking action to address the use of deepfakes and other deceptive digitally generated or altered content in election campaigns, Governor Gavin Newsom today signed three measures aimed at removing such content from large online platforms, increasing accountability, and better informing voters.

“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. These measures will help to combat the harmful use of deepfakes in political ads and other content, one of several areas in which the state is being proactive to foster transparent and trustworthy AI,” said Governor Gavin Newsom.

Earlier today, the Governor announced signing legislation to protect the digital likeness of actors and performers by ensuring that AI is not used to replicate their voice or likeness without their consent.

Building on legislation signed by the Governor in 2019 to crack down on deepfakes in elections, Newsom signed three bills related to election advertisements and communications.

AB 2655 by Assemblymember Marc Berman (D-Menlo Park) requires large online platforms to remove or label deceptive and digitally altered or created content related to elections during specified periods. It also mandates mechanisms for reporting such content. The bill authorizes candidates, elected officials, elections officials, the Attorney General, a district attorney, or a city attorney to seek injunctive relief against noncompliant platforms.

“AI-generated deepfakes pose a clear and present risk to our elections and our democracy. AB 2655 is a first-in-the-nation solution to this growing threat, and I am grateful to Governor Newsom for signing it. Advances in AI over the last few years make it easy to generate hyper-realistic yet completely fake election-related deepfakes, but AB 2655 will ensure that online platforms minimize their impact. The new law is a win for California’s voters, and for our democracy,” said Assemblymember Berman.

AB 2839 by Assemblymember Gail Pellerin (D-Santa Cruz), an urgency measure, expands the timeframe during which distributing advertisements containing deceptive AI-generated or manipulated content is prohibited. The bill also broadens existing law's scope by prohibiting materially deceptive content about elected officials, candidates, elections officials, among others. It authorizes these individuals to file civil actions against such material distribution.

“Signing AB 2839 into law is a significant step in continuing to protect the integrity of our democratic process. With fewer than 50 days until the general election, there is an urgent need to protect against misleading digitally-altered content that can interfere with the election. With the enactment of AB 2839 California is taking a stand against manipulative use of deepfake technology deceiving voters. I’m thankful that Governor Newsom signed this legislation ensuring voters are equipped with accurate information needed for informed decisions this November,” said Assemblymember Pellerin.

AB 2355 by Assemblymember Wendy Carrillo (D-Los Angeles) requires electoral advertisements using AI-generated or substantially altered content feature disclosure indicating material alteration. The bill empowers Fair Political Practices Commission enforcement through injunctive relief compliance compulsion or other available remedies under Political Reform Act provisions.

“I applaud Governor for signing AB 2355 my proposal mandating political advertisements using generative AI-created significantly altered media include clear disclosure fact availability tools doctor images video sound rapid improvements easier create convincingly fake images videos sounds technologies accessible used political campaigns impact democracy requires urgent action voters must be informed when generative AI used political advertising substantially alter media create misleading free speech political expression cornerstone cannot lose sight humanity amid advancement artificial intelligence balanced policy makes California first state include artificial intelligence campaign transparency rules,” said Assemblymember Carrillo.

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