New California laws aim to fight deepfakes in election campaigns

California Governor Gavin Newsom signed a series of new laws aimed at regulating the artificial intelligence (AI) sector, with some of the strictest provisions in the United States. Three of the laws target AI deepfakes that could influence elections, while two others focus on prohibiting Hollywood studios from creating AI replicas of actors without their consent.

Newsom’s office highlighted California’s role as a global leader in AI development, aiming to address both the benefits and risks associated with these technologies. “Home to the majority of the world’s leading AI companies, California is working to harness these transformative technologies to help address pressing challenges while studying the risks they present,” said Governor Newsom’s office in a press release.

One of the new laws, AB 2655, mandates large online platforms, such as Facebook and X, to remove or label AI-generated deepfakes related to elections. It also requires platforms to establish mechanisms for reporting such content. Candidates and elected officials will be able to seek legal action if platforms do not comply with AB 2655’s requirements.

Another law, AB 2355, requires transparency in AI-generated political advertisements, mandating disclosure when AI is used in political content. The regulations make it harder for misleading AI deepfakes, like one depicting Taylor Swift endorsing a political candidate, to circulate without clear labelling.

Newsom added, “Safeguarding the integrity of elections is essential to democracy, and 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 to combat the harmful use of deepfakes in political ads and other content, one of several areas in which the state is being proactive to foster transparent and trustworthy AI.” 

The Federal Communications Commission (FCC) has also proposed similar disclosure rules at a national level and has already outlawed AI-generated voices in robocalls. Two additional laws focus on the media industry, following advocacy from SAG-AFTRA, the actors’ union.

AB 2602 requires Hollywood studios to secure an actor’s consent before using AI to replicate their voice or likeness. AB 1836 prohibits the use of AI-generated replicas of deceased actors without consent from their estates, addressing concerns raised by recent uses of such technology in films like 'Alien' and 'Star Wars'.

Governor Newsom is reviewing 38 AI-related bills, including the controversial SB 1047, which was passed by the California Senate and awaits his signature. Newsom has two weeks to decide whether to sign or veto SB 1047, and his comments suggest that he is weighing its potential impact carefully.