California governor signs legislation to combat AI-created election deepfakes

SACRAMENTO, Calif. – California Governor Gavin Newsom signed three bills on Tuesday to crack down on the use of artificial intelligence to create false images or videos in political ads ahead of the 2024 election.

A new law set to take effect immediately makes it illegal to create and publish election-related deepfakes 120 days before Election Day and 60 days afterward. It also allows courts to stop the distribution of the material and impose civil penalties.

“Preserving election integrity is essential to democracy, and it's critical that we ensure AI is not used to undermine public trust through disinformation – especially in today's tense political climate,” Newsom said in a statement. “These actions will help combat the harmful use of deepfakes in political ads and other content, one of several areas where the state is being proactive to promote transparent and trustworthy AI.”

Major social media platforms will also be required to remove the misleading material under a statewide law set to take effect next year. Newsom also signed a law requiring political campaigns to publicly disclose whether they are running ads with AI-altered material.

The governor signed the bills to loud applause during a conversation with Marc Benioff, CEO of Salesforce, at an event hosted by the major software company as part of its annual conference in San Francisco.

The new laws reaffirm California's leadership in regulating AI in the U.S., particularly in the fight against election deepfakes. The state was the first in the U.S. to ban doctored election-related videos and images in 2019. The technology and AI measures proposed by California lawmakers served as a blueprint for lawmakers across the country, industry experts said.

As AI increases the threat of election disinformation around the world, lawmakers across the country have been addressing the issue, fearing that the manipulated materials could undermine public trust in what they see and hear.

“With less than 50 days until the general election, there is an urgent need for protection from misleading, digitally altered content that can influence the election,” said Rep. Gail Pellerin, author of the bill banning election deepfakes, in a statement. “California is taking a stand against the manipulative use of deepfake technology to deceive voters.”

Newsom's decision followed his promise in July to crack down on election deepfakes in response to a video posted by X owner Elon Musk featuring altered images of Vice President and Democratic presidential candidate Kamala Harris.

The new California laws come on the same day that members of Congress introduced a federal bill aimed at stopping voter fraud. The bill would give the Federal Election Commission the power to regulate the use of AI in elections in the same way it has regulated other political misrepresentations for decades. The FEC began considering such regulations after it banned AI-generated robocalls aimed at deterring voters in February.

Newsom praised California as an early adopter and regulator of AI. He said the state could soon use generative AI tools to reduce highway congestion and provide tax advice. At the same time, his administration is considering new rules against discrimination against AI users in hiring processes.

In addition, he signed two more bills on Tuesday to protect Hollywood actors from the unauthorized use of artificial intelligence without their consent.