ARTICLE
24 September 2024

California Takes Action Against Deepfakes: Five New Bills Signed Into Law

SM
Sheppard Mullin Richter & Hampton

Contributor

Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
Governor Gavin Newsom has made waves by signing five new bills aimed at tackling the challenges posed by deepfakes in California, with two bills covering digital replicas of performers and three focused on elections and transparency in digital advertising.
United States California Technology

Governor Gavin Newsom has made waves by signing five new bills aimed at tackling the challenges posed by deepfakes in California, with two bills covering digital replicas of performers and three focused on elections and transparency in digital advertising. Below is a summary of the key provisions of each bill:

Protecting Performers

  • AB 1836: This bill, introduced by Assemblymember Rebecca Bauer-Kahan, prevents the commercial use of digital replicas of deceased performers without the consent of their estates. It applies to various media, including films, television, and video games, ensuring that the likenesses and voices of deceased artists are used with consent.
  • AB 2602: Sponsored by Assemblymember Ash Kalra, this legislation requires contracts to include a reasonably-specific description of the intended use any AI-generated digital replicas of performers' voices or likenesses in order for such use to be permitted. It also mandates that performers be professionally represented during negotiations, safeguarding their rights over digital representations.

Election Advertisement and Communications

  • AB 2655: This bill, introduced by Assemblymember Marc Berman requires large online platforms to label or remove misleading content related to elections. Under this bill, candidates, election officials, the Attorney General and district attorney are authorized to take action against platforms that do not comply, promoting accountability in digital media.
  • AB 2839: This measure from Assemblymember Gail Pellerin expands the timeframe in which a committee or other entity is prohibited from knowingly distributing an advertisement or other election material containing deceptive AI-generated or manipulated content. It allows broadens the scope of current law, prohibiting materially deceptive content of candidates and elected officials, and providing them with means to act against distribution of such materials, i.e. misleading ads.
  • AB 2355: Introduced by Assemblymember Wendy Carrillo, this bill mandates that any electoral ads using AI-generated or altered content must clearly disclose that the material has been altered, in an effort to ensure transparency. Under this bill, the Fair Political Practices Commission can enforce violations with the disclosure requirement and enforce the bill via injunctive relief and other remedies.

These new laws build on California's growing regulations on artificial intelligence, including its existing deepfake laws. The highly-debated SB 1047 still remains on the Governor's desk.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More