California AB 730 – Deepfake Legality and Implications

1. Overview

California AB 730 became law in 2019 and is aimed at combating the increasing issue of deepfakes, specifically those that can harm people and the safety of their content and falsely misrepresent electoral system integrity. To enhance the current practice of anonymously spreading deepfakes to attack public figures and other individuals, this significant law aims to control the utilization of artificial intelligence to produce false or misleading media.

2. Scope of the Law

With the aim of misleading or defrauding, the AB 730 prohibits the creation, transmission, and receipt of deepfake pictures and videos. It particularly focuses on deepfakes that are created in the name of non-consensual pornography, political manipulation, and any media to damage the image of an individual or an organization. Even though the law has reservations based on reasonable forms of journalism and creative works, there are no exemptions regarding the uses of the law as parody or satire. The primary objective of the law is to prevent the harmful application of the deepfake technology.

3. Key Provisions

• Banned Grade 1: The production, distribution, and application of Deepfakes with the intent to mislead the masses and harm people is banned by law. This involves the spreading of false information or election meddling through deepfakes. The unconsensual deepfake pornography is banned by this law as well.
• Consent and Responsibilities: The law deems consent as very important, especially in sensitive situations involving deepfakes, such as defamation and non-consensual pornography, because the absence of consent may be used to aid the intent to produce harm or defraud.
• Platform Responsibilities: The direct nature of imposing a proactive monitoring duty on social media platforms and websites under the law needs cautious analysis of the legislation wording to prevent the harmful deepfakes as their spread. Deepfake platforms that aim to deceive or defraud people might experience charges.

4. Penalties & Enforcement

Legal penalty can be achieved as a consequence of violation of the AB 730, and it can consist of both criminal and civil punishment. The fines and possible jail stay would be chosen as the specific penalties and they could be sought by the California legal system depending on the nature of the violation. Not only do the victims have a right to civil claims, they can also seek recovery of damages through civil lawsuits.

5. Notable Cases or Precedents

Even though AB 730 had not yet proven itself in court, it preconditions the fact that California can regulate deepfakes, particularly with reference to the upcoming 2020 election cycle and the disinformation campaign that deepfake videos have been contributing to.

6. Comparison to Global Standards

Compared to numerous other laws of U.S. states, AB 730 is a stricter act as it criminalizes the creation and distribution of deepfakes whose motives are malicious. Conversely, although AB 730 addresses deepfakes themselves and highlights the direct damage they can cause, other legislative initiatives like the AI Act in the EU are more preoccupied with broader regulating AI infrastructures.

7. Practical Implications

The producers of deepfake media require the legal consequences of the creation of false materials, especially in the name of malicious or political purposes. The victims of misuse who have fallen victim to deepfakes can complain to law enforcement authorities and seek redress in court. The most effective way to deactivate risky deepfakes is to improve the content regulation tools used by platforms.

8. Future Outlook

With the development of deepfake technology, California can revise AB 730 to cover emerging forms of AI-generated content. Moreover, the development of deepfake detection software and the adaptation of the legal framework to address new challenges in the regulation of AI is likely to increase the effectiveness of the law.