California’s Anti-Deepfake Bill and its Impact on Political Ads

• California’s governor, Gavin Newsom, signed three bills to combat deepfakes or digitally altered content in election campaigns.
• The bills aim to prohibit the distribution of ads or election communications with “materially deceptive content,” including deepfakes.
• The bills include AB 2655, AB 2839, and AB 2355, which require large online platforms to remove or label election-related deepfakes during specific periods.
• The bills also give regulators and law enforcement bodies the power to handle such media through legal means or have them removed.
• The bills largely apply to California and expand existing laws regarding election-related conduct.
• While Musk claimed the governor’s actions violate the Constitution of the United States, compliant AI companies have already established filters and content restrictions to prevent deepfakes of election candidates, officials, heads of state, celebrities, etc.
• The bill also exempts content that is satire or parody.
• It is unclear how the new regulations will be implemented if someone violates the regulations, as they were signed almost fifty days before the U.S. election is set to take place.
• The legislation may be used to highlight the rising volume of AI-generated misinformation spreading across X, which has fewer content restrictions than its counterparts from more compliant AI companies.
• Repeated violations of California’s laws could land X in legal hot water over time and affect its standing with more risk-averse advertisers.