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Thursday, January 30, 2025

Musk's lawsuit challenges California's anti-disinformation law targeting social media

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Mindy Romero Board Chair Director | LinkedIn

Mindy Romero Board Chair Director | LinkedIn

Elon Musk and his company, X, have initiated legal proceedings to stop the enforcement of California's new anti-disinformation law, AB 2655. This legislation holds social media companies accountable for election-related disinformation on their platforms.

The law is backed by the California Initiative for Technology and Democracy (CITED), a project of California Common Cause. It represents significant efforts to address the threats posed by AI and disinformation to elections.

“Our democracy — and the people’s right to accurate information about our elections — is not up for negotiation,” stated Jonathan Mehta Stein, executive director of California Common Cause. “We cannot allow billionaire oligarchs to chip away at the integrity of our government institutions for their financial and political gain.”

Authored by Assemblymember Marc Berman, AB 2655 requires large online platforms to remove or label deceptive AI deepfakes related to elections during specific periods. It also mandates mechanisms for reporting such content and allows various officials to seek injunctive relief against noncompliant platforms.

The case's outcome could have national implications since California hosts major social media and AI companies. Despite benefiting from these industries' contributions, tech remains largely unregulated in the state.

“It should come as no surprise that a company like X seeks to halt the first law that would hold their immense power to account,” added Stein. He cited Elon Musk's sharing of a misleading deepfake video of Vice President Kamala Harris as an example of growing disinformation issues.

Deepfakes have already impacted elections in several countries, including Argentina, India, Slovakia, Taiwan, Bangladesh, and recently in the US presidential election. Many tech companies have reduced investments in trust and safety teams, leaving voters uncertain about reliable information sources.

Common Cause identified deepfakes as a threat years ago and launched CITED in November 2023 to combat these challenges through legislative action like AB 2655 and AB 2839. With federal gridlock persisting, CITED aims for nationwide impact through state-level initiatives similar to past environmental regulations.

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