California has taken a significant step in addressing the spread of misinformation and deceptive digital content related to the upcoming election. Governor Gavin Newsom has signed a series of laws aimed at curbing the influence of deepfakes, particularly those with political implications. These regulations hold social media platforms accountable for the content they allow to circulate.
The introduction of advanced generative artificial intelligence has made the threat of deepfakes more pervasive, prompting California to take action. While only one of the laws will be effective before the 2024 presidential election, the trio of measures signed by Governor Newsom could serve as a blueprint for regulators nationwide seeking to combat manipulative content powered by AI, according to The New York Times.
Among the laws signed is A.B. 2839, which extends the period during which posting deceptive AI-generated or manipulated content about the election is prohibited. Previously, this law was enforceable for 120 days before the election, but it will now extend to 60 days after. A.B. 2655 requires social media companies to remove or label deceptive or digitally altered AI-generated content within 72 hours of a complaint. Additionally, A.B. 2355 mandates that election advertisements disclose whether they utilize AI-generated or manipulated content.
While several states have made efforts to limit the spread of AI-generated fakes, primarily focusing on deepfake pornography, California’s laws stand out as the only ones of their kind on a state level. The absence of federal regulations for deepfakes has prompted various proposals in the past.
The upcoming election has already witnessed instances of misinformation and misleading deepfake content. Former President Donald Trump shared deepfakes of Taylor Swift and her fans, attempting to imply their support for him. Swift responded by publicly endorsing Vice President Kamala Harris, Trump’s opponent. Trump also shared AI-generated images of himself surrounded by Black people, purportedly demonstrating his support among Black voters. Another image he shared depicted Harris speaking at the DNC surrounded by communist flags, which would likely fall under California’s new laws.
Governor Newsom’s decision to sign these bills has drawn backlash, particularly from tech mogul Elon Musk. Musk had previously posted an altered campaign video of Harris and criticized Newsom for signing legislation that he claimed made parody illegal. Musk called for new leadership in California and urged his followers to make the Harris deepfake video go viral.
In response to the new laws, the creator of the viral video featuring AI-generated audio clips of Harris referring to herself as the “ultimate diversity hire” has filed a lawsuit to block two of the new laws, arguing that they infringe upon freedom of speech.