California has just passed a groundbreaking law that could put social media users who post or share AI-generated deepfakes in serious legal jeopardy, particularly if the content is intended to deceive voters about upcoming elections. Governor Gavin Newsom signed Assembly Bill 2839 (AB 2839) into law on Tuesday, which went into effect immediately, with a clear aim to combat the spread of misleading or false information through manipulated AI content.
What Does the Law Say?
Under AB 2839, it is now illegal for anyone to knowingly distribute election-related communications containing “materially deceptive content” in California. This includes AI deepfakes — manipulated images or videos that falsely depict a candidate in a way that could confuse or mislead voters. Importantly, this law focuses on the distributors of this content, not the creators. It means anyone who posts or reposts an AI deepfake knowing that it’s misleading could face legal consequences.
Governor Newsom referenced a specific instance where Elon Musk reposted an AI deepfake earlier this year that falsely made it seem like Vice President Kamala Harris called herself an “incompetent candidate” and a “diversity hire.” In a tweet announcing the law, Newsom said, “You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content — including deepfakes.”
Consequences for Social Media Users
The law targets those who maliciously spread AI-generated deepfakes, especially if the content involves a candidate appearing on California ballots and could impact an election. If someone encounters such content, they can now file for injunctive relief. This means that a judge could order the post to be taken down or even impose monetary penalties on the person responsible for posting it.
One unique aspect of AB 2839 is that it doesn’t just focus on political campaigns or major media platforms; it applies to any communication “distributed through the internet,” including posts from everyday social media users. The law applies within a specific window: 120 days before an election and 60 days after. This stricter time frame ensures that misleading content doesn’t cloud voters’ judgment during critical election periods.
Will Elon Musk Face Legal Action?
Governor Newsom has not ruled out the possibility that Elon Musk could face legal action for reposting deepfakes, especially given the significant impact his posts have on social media. When asked about Musk’s involvement, Newsom remarked, “Parody is still alive and well in California, but deepfakes and manipulations of elections — that hurts democracy.”
The California Initiative for Technology and Democracy (CITED), one of the groups behind drafting AB 2839, emphasized that the law applies to anyone distributing this deceptive content with malice. “Malice” in this context means that the person knew the content was false and would likely confuse voters.
Protecting Democracy in the Age of AI
The timing of this law couldn’t be more crucial, with the 2024 presidential election on the horizon. The bill is regarded as one of the toughest measures in the U.S. aimed at curbing the misuse of AI-generated content in elections. Its goal is to protect the integrity of elections by preventing voters from being misled by fake videos or other forms of manipulated content. According to Leora Gershenzon, CITED’s policy director, the real aim is to discourage the posting of deceptive content altogether: “The best outcome… is to just have these deepfakes not fraudulently impact our elections.”
While California’s new law aims to ensure transparency and fairness, it does not apply to all AI deepfakes. If a video or image clearly states that it has been digitally altered, such as through an obvious disclaimer, the law does not cover it.
A Challenging Path Ahead for Social Media Platforms
Platforms like X (formerly Twitter), owned by Elon Musk, could face increased scrutiny under this law, as they have already been criticized for not doing enough to moderate misleading content. Musk has faced legal challenges before, including in Brazil, where X was recently fined by the country’s Supreme Court for failing to comply with regulations around fake news and hate speech.
California’s AB 2839 stands as a strong step towards ensuring that the integrity of elections is not undermined by malicious AI-generated content. As technology evolves, so do the ways in which information can be manipulated, and laws like this aim to keep pace with these changes to safeguard democracy. As the 2024 election approaches, it remains to be seen how this law will be enforced and whether it will serve as a model for other states.
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