Gov. Gavin Newsom (D-CA) signed a bill into law that regulates election-related deepfakes on social media, as the state eyes regulations to rapidly evolving artificial intelligence.
The bill approved on Tuesday forbids someone to be able “with malice, knowingly distribute an advertisement or other election communication containing materially deceptive content,” including deepfakes, of a candidate running for office, for the 120 days before Election Day and the 60 days after. The legislation allows courts to block the spread of content violating the law and allow civil penalties to be levied.
Newsom said the measure, alongside another bill he signed into law to protect the digital likeness of performers, are part of state efforts to combat the use of AI for malicious intent.
“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,” Newsom said in a statement.
“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,” he added.
After signing the bill into law, Newsom also pointed to repost from X owner Elon Musk of a video featuring a deepfake of Vice President Kamala Harris, from July, saying the new law bans the distribution of those types of videos.
I just signed a bill to make this illegal in the state of California.
You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content — including deepfakes. https://t.co/VU4b8RBf6N
— Gavin Newsom (@GavinNewsom) September 17, 2024
“I just signed a bill to make this illegal in the state of California. You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content — including deepfakes,” Newsom said in a post.
Musk responded to the law being signed by mocking the California governor and noting the video he reposted said it was a parody.
The post says “PARODY” in all caps!
So, is he going to throw @nbcsnl in jail or what!?
— Elon Musk (@elonmusk) September 18, 2024
“You’re not gonna believe this, but @GavinNewsom just announced that he signed a LAW to make parody illegal, based on this video,” Musk said in a post, referring to the video of Harris. “The post says ‘PARODY’ in all caps! So, is he going to throw [Saturday Night Live] in jail or what!?
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Various states across the country, including in Florida, Michigan, Arizona, and Texas, have regulated the use of AI and deepfakes in elections.
The contentious 2024 election comes as AI has exploded in use and advancement in recent years, adding to concerns about deepfakes in various parts of everyday life.