California Assembly Bill 2655 (AB 2655) Legality and Consequences of Deepfakes

1. Overview

Governor Gavin Newsom signed the California Assembly Bill 2655, or the “Defending Democracy from Deepfake Deception Act of 2024,” into law on September 17, 2024. The law mandates that at some times ahead of or after an election, significant online platforms block or flag election-related content that is materially deceptive. It also provides certain entities with the power to petition for injunctive relief against noncompliant platforms and requires platforms to establish procedures for Californians to complain about noncompliant content.

2. Scope of the Law

AB 2655 targets major online platforms, which are those with more than 1 million California users during the last 12 months. AB 2655 mandates these platforms to:

Block the transmission or posting of materially false and digitally altered or generated content concerning elections during particular periods preceding and following an election.

Mark some additional material as inauthentic, fabricated, or misleading within defined times ahead of and following an election.

Establish California residents’ procedures for reporting material that has not been blocked or marked according to the act.

Establish means by which candidates for public office, public officials, election officials, the Attorney General, and a district attorney or city attorney may obtain injunctive relief against a major online platform for failure to comply with the act.

3. Major Provisions

Reporting Mechanisms: Platforms need to create processes for California residents to report unblocked or unlabeled content under the act.

Enforcement: Individuals running for elective office, elective officeholders, elections officials, the Attorney General, and a district attorney or city attorney can bring an action for injunctive relief against a large online platform for failing to comply with the act.

Exemptions: The statute exempts generally published online periodicals of general circulation, such as generally published online newspapers or magazines, that generally run news and commentary of general interest if they follow prescribed disclosure requirements.

4. Penalties & Enforcement

AB 2655 violations are punishable by civil penalties in the form of damages and injunctions against the distribution of false media. Enforcement is done through civil action by candidates for public office, public officials, election officials, the Attorney General, and a district attorney or city attorney

5. Notable Cases or Precedents

Up to the time AB 2655 was enacted, there were no cases reported under this particular law. Despite this, the legislation was brought forth due to increasing concerns regarding the use of AI-generated material in political campaigning and works to actively counteract these.

6. Comparison to Global Standards

AB 2655 is part of the international effort to regulate AI-generated content in political campaigns. Other legislatures have enacted similar laws, e.g., the European Union’s Digital Services Act, which mandates transparency in digital ads and sets out a protection for users against deceptive content. AB 2655 targets AI-generated content specifically, with a definitive framework for disclosure in political advertising.

7. Practical Implications

For Political Campaigns: Campaigns should ensure that advertisements that use AI-created or heavily modified content must contain the mandatory disclosure statement to satisfy AB 2655.

For Content Creators: Content creators of AI-created media should know the disclosure requirements and liability for disseminating such content in political ads.

For Voters: Voters must be aware of the presence of such legislation and be watchful of possibly misleading media during election time.

8. Prospects for the Future 

AB 2655 can be updated periodically, as new issues arise, and could, ultimately, make the law more effective in protecting individual privacy rights and the sanctity of elections as AI technology evolves. Additional legislative changes will depend on our continuous dialogue and monitoring.