California Assembly Bill 2355 (AB 2355) – Legality and Impacts of Deepfakes

1. Overview

Assemblywoman Wendy Carrillo presented California Assembly Bill 2355, which mandates that a prominent disclaimer regarding the media’s artificial origin be included in any political commercial that uses artificial intelligence (AI) or significantly altered content. On September 17, 2024, Governor Gavin Newsom signed the bill into law with the goal of enhancing transparency and protecting voters from erroneous political data produced by artificial intelligence.

2. Scope of the Law

Political ads made with AI-generated or heavily doctored images, sound, or video fall under the purview of AB 2355. According to the statute, such content must be explicitly marked as having been edited or created using artificial intelligence. The action is a component of a larger initiative to protect the democratic process and prevent AI abuse in elections.

3. Important Provisions

Disclosure Requirement: Any political ad that uses AI-created or very manipulated content must contain a clear and prominent notice that the media has been developed or modified through artificial intelligence.

Application Scope: The law will apply to all political adverts, whether they are displayed on print media, television, radio, or online media.

4. Penalties & Enforcement

Punishment will be decided by the California Fair Political Practices Commission (FPPC) for violations of AB 2355. The FPPC has the power to enforce the law and investigate complaints. Punishment can be fines and other sanctions, subject to the judgment of the FPPC.

5. Notable Precedents

There have not been any reported instances under this specific statute as of the passage of AB 2355. The law was passed nonetheless due to growing concerns about the application of AI-generated materials in political campaigns and is designed to actively address these issues.

6. Measurement Against International Standards

AB 2355 supports international efforts to govern the political campaign material created by artificial intelligence. Other nations have signed similar legislation, such as the European Union’s Digital Services Act, promoting transparency for online advertising and attempting to safeguard consumers against deceptive content. With a special emphasis on AI-generated content, AB 2355 creates a distinct platform for political ad disclosure.

7. Implications

Political Campaigns: In order to follow AB 2355, campaigns need to include the required disclaimer if any advertisement is made with heavily edited or AI-made content.

Content creators should be notified of the requirements for disclosure and the penalty for using AI-generated content in political advertisements.

For Voters: Voters should be notified of the presence of such legislation and be vigilant about possibly deceiving media during election campaigns.

8. Future Outlook

Future advancements in AI technology can offer amendments to AB 2355 to counter the issues that are arising and make the law more effective in safeguarding electoral integrity and privacy of the individual. Continued discussion and revision will guide whether additional legislative action is required.