With the November elections approaching, California Governor Gavin Newsom signed into law three new laws that prohibit the use of fake images and videos in political ads created with artificial intelligence.
They also prohibit dissemination on social networks during electoral campaigns; and they authorize those offended to sue online companies that spread such advertisements.
However, two days after Governor Newsom signed these laws, two of those pieces of legislation were legally challenged in Sacramento.
The legislation signed by the governor is intended to combat the spread of fake news in the November 2024 elections, as it can confuse and mislead the electorate.
“Safeguarding the integrity of elections is essential to democracy, and it is critical that we ensure that artificial intelligence is not used to undermine public trust through misinformation, especially during the tense political climate we are experiencing,” the governor said. Newsom signing the new laws.
“These measures will help 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 artificial intelligence.”
But his office also revealed that these measures are vital to preserving public confidence in elections at a time when artificial intelligence technology is advancing rapidly.
He deepfake It is a video created by Artificial Intelligence that looks very realistic.
What are the new laws
AB 2655 by Assemblyman Marc Berman of Menlo Park requires online platforms like X and Facebook to remove altered or misleading election-related digital content during specific periods, and requires them to provide reporting mechanisms.
It also authorizes candidates, elected and electoral officials as well as the attorney general, county and city attorney to seek an injunction against a large online platform for failure to comply with the law.
In short, this new law allows individuals to sue for damages if they have been affected by false content.
“AI-generated deepfakes pose a clear and present risk to our elections and our democracy,” said Assemblyman Berman.
“Advances in intelligence in recent years make it easier to generate hyper-realistic but completely false election-related deepfakes, but AB 2655 will ensure that online platforms minimize their impact.”
He added that the new law is a victory for California voters and for democracy.
AB 2839 by Santa Cruz Assemblymember Gail Pellerin went into effect immediately, making it illegal to distribute misleading audiovisual material created by artificial intelligence, 120 days before the election and in some cases, 60 days after.
It also allows you to sue whoever distributes them, and seeks for the court to strike down deepfake ads generated with artificial intelligence
It should be said that parody and satire are excluded from being affected by this law, as long as they provide a clarification indicating that they used artificial intelligence.
“Signing AB 2839 is an important step in continuing to protect the integrity of the democratic process. With less than 50 days until the general election, there is an urgent need for protection against digitally altered and misleading content that could interfere with the election,” said Assemblyman Pellerin.
He noted that with the enactment of AB 2839, California is taking a stand against the manipulative use of technology deepfake to deceive voters.
Los Angeles Assemblywoman Wendy Carrillo’s AB 2355 requires campaigns to disclose when they use ads with audiovisual material altered by artificial intelligence.
“The availability of tools to manipulate images, videos and sound is not new. However, rapid improvements in artificial intelligence and large-scale language models have made it easier to create convincingly fake images, videos and sounds,” said Assemblywoman Carrillo.
He noted that as these technologies become more accessible and used in political campaigns, their impact on democracy requires urgent action.
“Voters should be informed when artificial intelligence is used in political advertising to substantially alter the media or create misleading content.”
He stated that freedom of speech and political expression are a cornerstone of our democracy, but we cannot lose sight of our humanity amid the advancement of artificial intelligence.
“This is a balanced policy that makes California the first state to include artificial intelligence in its campaign transparency rules,” said Assemblywoman Carrillo.
What motivated these laws?
In July, Governor Newsom pledged to sign laws that would go after the deepfakes politicians after Elon Musk shared a doctored campaign video of Vice President Kamala Harris.
At the time, Musk mocked Newsom by saying that parody is legal in the United States; and then upon signing these new laws, the billionaire went against the governor saying that he had just made the parody illegal. He called for new leadership in California and urged Harris’ video in which she uses artificial intelligence to go viral.
Musk is a Trump supporter, and has assured that free expression would be at risk if the vice president wins the elections in November.
Two days after signing new legislation to combat false election content, Governor Newsom was the subject of an altered digital testimonial parody.
Given the threat posed by misinformation not only in the United States but globally, more than a dozen states are working on bills to address this problem.
Lawsuits
The law that took effect immediately, allowing lawsuits for damages over fake news, and the other measure requiring large online platforms such as X to remove misleading material were challenged in court.
In Sacramento, Christopher Kohls, a conservative political activist who creates parody videos using audio clips of Vice President Kamala Harris, filed a lawsuit, claiming that the new laws infringe on his First Amendment rights and that under The assumption of regulating content generated by artificial intelligence could be subject to censorship of your right of expression.
This is a character whose work has been shared by Elon Musk, one of Governor Newsom’s most critical.
Teodoro Fank, the lawyer representing the lawsuit, warned that the law would open the door for social media companies to censor and harass people based on subjective interpretations of content created by artificial intelligence.
According to spokespersons for Governor Newsom, the legislation does not focus on satire or parody, but on misleading materials that confuse or manipulate voters without clarifying the use of Artificial Intelligence.
Assemblyman Pellerin said regarding the lawsuit that his law 2839 is just a tool to avoid misinformation.
Ilana Beller of the consumer advocacy organization Public Citizen said the effectiveness of the new law will depend on how quickly the courts act to stop the spread of confusing content, since the more people see it, the less it will be perceived. distribute
This September, the governor announced the signing of legislation to protect the digital image of actors and performers by ensuring that artificial intelligence is not used to replicate their voice or image without their consent.