In a significant move to safeguard electoral integrity, California Governor Gavin Newsom has enacted three new laws prohibiting the use of deepfakes and misleading digitally altered content in political advertisements. The legislation comes just weeks before the November general election, as the state seeks to ensure transparency and trust in the use of artificial intelligence (AI) in political discourse.
“Safeguarding the integrity of elections is essential to democracy,” Newsom stated. “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 combat the harmful use of deepfakes in political ads and other content.”
The new laws build upon earlier legislation signed by Newsom in 2019, which made it illegal to distribute manipulated videos that could mislead voters within 60 days of an election. It also allowed individuals to sue those who created non-consensual deepfakes in pornographic contexts.
Key Provisions of the New Legislation
The first bill, authored by Assemblymember Marc Berman, mandates that online platforms either remove or label misleading election-related content within specified time frames. It also establishes reporting mechanisms for such content and empowers candidates, election officials, and attorneys general to seek legal remedies against non-compliant platforms. Berman emphasized the urgency of the measure, stating, “AI-generated deepfakes pose a clear and present risk to our elections and our democracy.”
The second bill, sponsored by Assemblymember Gail Pellerin, extends the ban on knowingly distributing deceptive AI-generated materials beyond the election period. It broadens existing laws that prohibit materially deceptive content from being disseminated by candidates and election officials, allowing them to take civil action against violators. Pellerin remarked, “With fewer than 50 days until the general election, there is an urgent need to protect against misleading content that can interfere with the election.”
The third bill, introduced by Assemblymember Wendy Carrillo, requires campaign ads that utilize AI-generated or altered content to include disclosures indicating such modifications. This bill empowers the Fair Political Practices Commission to enforce compliance and seek remedies under the Political Reform Act. Carrillo highlighted the importance of transparency, noting, “As these technologies become more accessible, voters must be informed when generative AI is used to create misleading content.”
These legislative measures reflect California’s proactive approach to addressing the challenges posed by rapid advancements in AI and deepfake technology, aiming to preserve the integrity of the electoral process and ensure that voters are informed in the digital age.
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