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Measures aim to address the misuse of deepfakes in political ads and other content as the state takes a proactive approach to ensure transparent and trustworthy AI
Just weeks before the November general election, California Gov. Gavin Newsom signed three bills making it illegal to use deepfakes and other misleading digitally created or modified content in campaign ads.
“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,” Newsom said.
“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.”
The bills build on legislation the governor signed in 2019 that made it illegal to distribute manipulated videos intended to undermine a political candidate and mislead voters within 60 days of an election, as well as legislation granting Californians the right to sue individuals who create deepfakes placing them in pornographic content without their consent.
The three bills are related to election advertisements and communications.
The first, filed by assemblymember Marc Berman, requires online platforms to either remove or label misleading, digitally altered or created election-related content during designated time frames, and establishes reporting mechanisms for such content.
Additionally, it allows candidates, elected officials, election officials, the attorney general and a district or city attorney to seek injunctive relief against platforms that fail to comply with the law.
“AI-generated deepfakes pose a clear and present risk to our elections and our democracy,” Berman said. “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 second bill, filed by assemblymember Gail Pellerin, extends the timeframe committee or other entity is barred from knowingly distributing advertisements or other election material containing deceptive AI-generated or manipulated content. The bill also expands the scope of existing law prohibiting “materially deceptive content of elected officials, candidates, elections officials and others, authorizing them to file a civil action to enjoin the distribution of such material.”
“Signing AB 2839 into law is a significant step in continuing to protect the integrity of our democratic process,” Pellerin said. “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.”
The third bill was filed by Assemblymember Wendy Carrillo. It requires campaign ads using AI-generated or altered content to have a disclosure stating the material has been altered. It also authorizes the Fair Political Practices Commission to “enforce a violation of these disclosure requirements by seeking injunctive relief to compel compliance or pursuing other remedies available to the commission under the Political Reform Act.”
The availability of tools to doctor images, video and sound is not new,” she said. “However, the rapid improvements in AI and Large Language Models have made it easier to create convincingly fake images, videos and sounds.
“As these technologies become more accessible and are used in political campaigns, their impact on democracy requires urgent action. Voters must be informed when generative AI is used in political advertising to substantially alter media or create misleading content. Free speech and political expression are a cornerstone of our democracy, but we cannot lose sight of our humanity amid the advancement of artificial intelligence.”
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