California’s New AI Election Laws Face Legal Challenge
California could be one of the first states to implement legislation banning the use of AI to create and distribute false images and videos in political ads close to Election Day. However, two of the three laws, including one aimed at curbing such practices in the 2024 election, are now being challenged in court through a lawsuit filed in Sacramento.
Details of the Laws
One of the laws, which took effect immediately, allows individuals to sue for damages over election-related deepfakes. Another law, set to take effect next year, mandates that large online platforms remove deceptive AI-generated content. The lawsuit was filed by a person who created parody videos featuring altered audio of Vice President Kamala Harris. The complainant argues that the laws censor free speech and allow anyone to take legal action over content they dislike.
At least one of the parody videos was shared by Elon Musk, which led to California’s governor publicly vowing to ban such content. The governor’s office clarified that the law does not ban satire or parody but requires a disclosure when AI is used to alter videos or images.
“It’s unclear why this conservative activist is suing California,” a spokesperson for the governor said. “This new disclosure law for election misinformation isn’t any more restrictive than laws already passed in other states.”
Legal and Free Speech Concerns
Theodore Frank, the attorney representing the complainant, argued that the California laws are overly broad and designed to pressure social media companies into censoring content. Frank also noted that the governor of Alabama, who passed a similar law, had not threatened his client as California’s governor did.
This lawsuit is one of the first legal challenges to such legislation in the U.S., and Frank indicated plans to file a similar lawsuit in Minnesota. Lawmakers in over a dozen states have introduced similar proposals as AI technology amplifies the threat of election disinformation worldwide.
Scope of the New Laws
Among the three laws signed, one took effect immediately and is the most comprehensive. It targets not only materials that could influence voter decisions but also any content that could misrepresent election integrity. The law covers election workers, voting machines, and political candidates. It makes it illegal to create and distribute false election-related materials 120 days before and 60 days after Election Day. Courts can stop the distribution of such materials, and violators may face civil penalties. Parody and satire are exempt.
The goal, according to lawmakers, is to prevent the erosion of public trust in U.S. elections during a politically charged time. However, critics, including free speech advocates and Musk, have called the law unconstitutional, arguing it infringes on First Amendment rights.
Challenges in Enforcing the Law
Ilana Beller, from a nonprofit consumer advocacy group, expressed uncertainty about how effective these laws will be in stopping election deepfakes. She noted that none of the laws have been tested in court, and the slow pace of legal processes could hinder their effectiveness. By the time a court orders the removal of false content, the damage to a candidate or election could already be done.
“In an ideal world, we’d be able to take the content down the second it goes up,” Beller said. “The sooner you take down the content, the fewer people see it, and the quicker you can dispel it.”
Despite these concerns, Beller believes that having such a law on the books could deter potential violations.
Lawmakers’ Perspective
Assemblymember Gail Pellerin, who authored one of the laws, declined to comment on the lawsuit but emphasized that the law is a simple tool to avoid misinformation.
“What we’re saying is, just mark that video as digitally altered for parody purposes,” Pellerin said. “It makes it clear that it’s satire or parody.”
In addition to the immediate law, another law signed by the governor will require campaigns to disclose AI-generated materials starting next year, after the 2024 election.
