California Governor Gavin Newsom has signed three bills aimed at tackling the issue of deepfakes, altered videos and digitally created content that could potentially impact election campaigns. The new laws, signed on September 17, are designed to safeguard the integrity of elections and prevent the deployment of artificial intelligence (AI) to spread disinformation and undermine public trust.
The legislation excludes content that falls under the categories of satire or parody. It also grants candidates, officials, and law enforcement the authority to seek injunctive relief for violations. Assemblymember Marc Berman, who sponsored one of the bills, emphasized the need to protect campaigns from the use of AI-generated deepfakes that could confuse voters.
The nonprofit organization California Initiative for Technology and Democracy, which supported the bill, stated that the law was carefully constructed to address First Amendment concerns. It aims to prevent the use of obviously false and provably misleading content that could impermissibly influence elections during critical periods.
Opponents of the law argued that First Amendment protections extend to political speech and suggested that it should have focused solely on posts that are libelous or fraudulent. The law defines “malice” as the distribution of audio or visual media with knowledge of its materially deceptive content being false or with a reckless disregard for the truth.
Supporters of the law highlighted the urgent need to protect against misleading and digitally altered content that can interfere with elections. They cited examples such as false images of candidates accepting bribes, fake videos of elections officials making misleading statements, or robocalls spreading misinformation about voting sites. The law also authorizes the state’s Fair Political Practices Commission to enforce violations.
Assemblymember Wendy Carrillo, another sponsor of the legislation, acknowledged the importance of respecting the First Amendment but stressed the necessity of adapting regulations to address the advancements in AI technology. She described the law as a balanced policy that makes California the first state to include artificial intelligence under its campaign transparency rules.
The Los Angeles Area Chamber of Commerce, which supported the bill, emphasized the potential threat posed by manipulated media to the integrity of future elections. They stated that action must be taken to ensure election integrity and protect voters from misleading deepfake content.
California is navigating a delicate balance between regulating AI companies and maintaining its competitive advantage in AI innovation, according to Governor Newsom’s press release. The state aims to improve transparency, educate voters, and safeguard electoral integrity in the face of rapidly evolving AI technologies.