California's New Deepfake Law Targets Distributors Like Elon Musk

California enacts AB 2839, a strict new law that penalizes social media users who share AI deepfakes designed to deceive voters. The legislation directly targets distributors of this false content rather than its creators.

19 Sep 2024 • 1 min read

California implements a groundbreaking new law that makes it illegal to distribute AI deepfakes designed to deceive voters in upcoming elections. Governor Gavin Newsom signs AB 2839 into effect immediately, explicitly pointing to Elon Musk's reposts of a fake Kamala Harris video as an example of the behavior this legislation targets.

Unlike previous attempts to regulate artificial intelligence, this law focuses strictly on the distributors of deceptive media rather than the original creators or the social media platforms. It requires that the fake content depicts a candidate on the California ballot and that the person sharing it knows the material is false and intends to cause voter confusion.

The legislation gives ordinary citizens the power to file for injunctive relief against those who maliciously share election deepfakes, allowing judges to order content removal or award monetary damages. While supporters emphasize that parody remains protected, they clarify that knowingly spreading materially deceptive content with reckless disregard for the truth now carries serious legal consequences in California.

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