This chapter shall be known and may be cited as the Defending Democracy from Deepfake Deception Act of 2024.
Chapter 7Defending Democracy from Deepfake Deception Act of 2024
Section § 20510
This law is called the Defending Democracy from Deepfake Deception Act of 2024.
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Section § 20511
This section highlights the challenges California faces with the use of generative artificial intelligence (AI) in elections. It acknowledges that AI-powered disinformation could significantly undermine voter trust by creating and spreading fake images, audio, and videos that mislead the public. For instance, people might be deceived by fabricated images of candidates or officials committing acts they did not do.
The text specifically mentions deepfakes—realistic fake videos or recordings—as a significant threat, especially heading into the 2024 presidential elections. These could distort election outcomes by spreading misleading content quickly and widely. To combat this, the law requires clear labeling of artificial content to inform consumers of its inauthenticity, thus reducing deception.
The overarching goal is to ensure elections remain free and fair, emphasizing the importance of addressing disinformation to protect the electoral process in California.
The Legislature finds and declares all of the following:
(a)CA Elections Code § 20511(a) California is entering its first-ever generative artificial intelligence (AI) election, in which disinformation powered by generative AI will pollute our information ecosystems like never before. Voters will not know what images, audio, or video they can trust.
(b)CA Elections Code § 20511(b) In a few clicks, using current technology, bad actors now have the power to create a false image of a candidate accepting a bribe or a fake video of an elections official “caught on tape” saying that voting machines are not secure, or to generate the Governor’s voice telling millions of Californians
their voting site has changed.
(c)CA Elections Code § 20511(c) In the lead-up to the 2024 presidential elections, candidates and parties are already creating and distributing deepfake images and audio and video content. These fake images or files can spread to millions of Californians in seconds and skew election results or undermine trust in the ballot counting process.
(d)CA Elections Code § 20511(d) The labeling information required by this bill is narrowly tailored to provide consumers with factual information about the inauthenticity of particular images, audio, video, or text content in order to prevent consumer deception.
(e)CA Elections Code § 20511(e) In order to ensure California elections are free and fair, California must, for a limited time before and after elections, prevent the use of
deepfakes and disinformation meant to prevent voters from voting and to deceive voters based on fraudulent content. Accordingly, the provisions of this chapter are narrowly tailored to support California's compelling interest in protecting its free and fair elections.
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Section § 20512
This section defines key terms in the context of California election laws. An "advertisement" refers to public communications to support or oppose election candidates, specifically paid ones. A "broadcasting station" includes various types of media outlets like radio, TV, and streaming services. The term "candidate" encompasses those running for certain public offices, including President. "Deepfake" denotes manipulated media that falsely appears authentic. "Election communication" covers general public communications related to elections, excluding advertisements. "Election in California" refers to elections featuring specific candidates or statewide measures. An "elections official" is defined as certain government individuals, such as the Secretary of State. A "large online platform" includes digital applications with over a million users in California in a year. Lastly, "materially deceptive content" involves significantly altered media that misleads a reasonable person, excluding minor adjustments.
For purposes of this chapter, the following terms have the following meanings:
(a)CA Elections Code § 20512(a) “Advertisement” means any general or public communication that a large online platform knows is authorized or paid for with the purpose of supporting or opposing a candidate for elective office.
(b)CA Elections Code § 20512(b) “Broadcasting station” means a radio or television broadcasting station, including any of the following:
(1)CA Elections Code § 20512(b)(1) Cable operator, programmer, or producer.
(2)CA Elections Code § 20512(b)(2) Streaming service operator, programmer, or producer.
(3)CA Elections Code § 20512(b)(3) Direct-to-home satellite television operator, programmer, or producer.
(c)CA Elections Code § 20512(c) “Candidate” means any person running for
a voter-nominated office as defined in Section 359.5, any person running for the office of President or Vice President of the United States, and any person running for the office of Superintendent of Public Instruction.
(d)CA Elections Code § 20512(d) “Deepfake” means audio or visual media that is digitally created or modified such that it would
falsely appear to a reasonable person to be an authentic record of the actual speech or conduct of the individual depicted in the media.
(e)CA Elections Code § 20512(e) “Election communication” means a general or public communication that is not an “advertisement” and that concerns any of the following:
(1)CA Elections Code § 20512(e)(1) A candidate for elective office.
(2)CA Elections Code § 20512(e)(2) Voting or refraining from voting in an election in California.
(3)CA Elections Code § 20512(e)(3) The canvass of the
vote for an election in
California, as defined in subdivision (f).
(4)CA Elections Code § 20512(e)(4) Voting machines, ballots, voting sites, or other property or equipment related to an election in California.
(5)CA Elections Code § 20512(e)(5) Proceedings or processes of the electoral college in California.
(f)CA Elections Code § 20512(f) “Election in California” means any election where a candidate, as defined in this section, is on the ballot, and any election where a statewide initiative or statewide referendum measure is on the ballot.
(g)CA Elections Code § 20512(g) “Elections official” means either of the following persons acting in their official capacity:
(1)CA Elections Code § 20512(g)(1) An elections official as defined in Section 320.
(2)CA Elections Code § 20512(g)(2) The Secretary of State.
(h)CA Elections Code § 20512(h) “Large online platform” means a public-facing internet website, web application, or digital application, including a social media platform as defined in Section 22675 of the Business and Professions Code, video sharing platform, advertising network, or search engine that had at least 1,000,000 California users during the preceding 12 months.
(i)Copy CA Elections Code § 20512(i)
(1)Copy CA Elections Code § 20512(i)(1) “Materially deceptive content” means audio or visual media that is
digitally created or modified, and that includes, but is not limited to, deepfakes and the output of chatbots, such that it would falsely appear to a reasonable person to be an authentic record of the content depicted in the media.
(2)CA Elections Code § 20512(i)(2) “Materially deceptive content” does not include any audio or visual media that contains only minor modifications that do not
significantly change the perceived contents or meaning of the content. Minor changes include changes to the brightness or contrast of images, removal of background noise in audio, and other minor changes that do not impact the content of the image or audio or visual media.
advertisement definition broadcasting station candidate definition deepfake media election communication California election elections official large online platform materially deceptive content digital media manipulation public communication election candidate support online platforms chatbot output media authenticity
Section § 20513
This law requires large online platforms to identify and remove false, misleading content that could harm a candidate or undermine trust in elections. Specifically, if content portrays a candidate, elections, or elected official as doing or saying something untrue that could damage reputations or election confidence, it must be reported and removed within 72 hours. The platforms must use advanced techniques to identify such content, and identical or similar content must also be removed.
To ensure transparency, if a candidate uses manipulated media of themselves, they must disclose it clearly during election periods. The rules apply from 120 days before an election until election day, or slightly longer if the content involves election officials.
(a)CA Elections Code § 20513(a) Any large online platform shall develop and implement procedures for the use of state-of-the-art
techniques to identify and remove materially deceptive content
if all of the following conditions are met:
(1)CA Elections Code § 20513(a)(1) The content is reported pursuant to subdivision (a) of Section 20515.
(2)CA Elections Code § 20513(a)(2) The materially deceptive content is any of the following:
(A)CA Elections Code § 20513(a)(2)(A) A candidate for elective office portrayed as doing or saying something that the candidate did not do or say and that is reasonably likely to harm the reputation or electoral prospects of a candidate.
(B)CA Elections Code § 20513(a)(2)(B) An elections official portrayed as doing or saying something in connection with the performance of their elections-related duties that the elections official did not do or say and that is reasonably likely to falsely undermine confidence in the outcome of one or more election contests.
(C)CA Elections Code § 20513(a)(2)(C) An elected official portrayed as doing or saying something that influences an election in California that the elected official did not do or say and that is reasonably likely to falsely undermine confidence in the outcome of one or
more election contests.
(3)CA Elections Code § 20513(a)(3) The content is posted during the applicable time period or periods set forth in subdivision (e).
(4)CA Elections Code § 20513(a)(4) The large online platform knows or acts with reckless disregard for the fact that the content meets the requirements of this section.
(b)CA Elections Code § 20513(b) If a post is determined to meet the requirements for removal pursuant to subdivision (a), any large online platform shall remove the post upon that determination, but no later than 72 hours after a report is made pursuant to subdivision (a) of Section 20515 in order to be in compliance with this chapter.
(c)CA Elections Code § 20513(c) Any large online platform shall identify, using state-of-the-art techniques, and remove, upon discovering or being alerted to the posting or reposting of, any identical or substantially similar materially deceptive content that the platform had previously removed pursuant to this chapter, provided that this removal occurs during the applicable time period or periods set forth in subdivision (e).
(d)Copy CA Elections Code § 20513(d)
(1)Copy CA Elections Code § 20513(d)(1) Notwithstanding subparagraph (A) of paragraph
(2) of subdivision (a), this section does not apply to a candidate for elective office who, during the time period set forth in subdivision
(e), portrays themself as doing or saying something that the candidate did not do or say, if the digital content includes a disclosure stating the following: “This _____ has been manipulated.” The blank in this disclosure shall be filled in with whichever of the following terms most accurately describes the media:
(A)CA Elections Code § 20513(d)(1)(A) Image.
(B)CA Elections Code § 20513(d)(1)(B) Audio.
(C)CA Elections Code § 20513(d)(1)(C) Video.
(2)Copy CA Elections Code § 20513(d)(2)
(A)Copy CA Elections Code § 20513(d)(2)(A) For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any
other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video.
(B)CA Elections Code § 20513(d)(2)(A)(B) If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than two minutes in length, interspersed within the audio at intervals of not greater than two minutes each.
(e)Copy CA Elections Code § 20513(e)
(1)Copy CA Elections Code § 20513(e)(1) Except as provided in paragraph (2), any large online platform shall
remove the content to the extent required by subdivisions (a) to (c), inclusive, and any candidate for elective office shall include the disclosure required by subdivision (d), during a period beginning 120 days before an election in California and through the day of the election.
(2)CA Elections Code § 20513(e)(2) If the content described in subdivision (a) depicts or pertains to elections officials, any large online platform shall
remove the content to the extent required by subdivisions (a) to (c), inclusive during a period beginning 120 days before an election in California and ending on the 60th day after the election.
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Section § 20514
This law requires large online platforms to identify and label misleading content that could impact elections. Platforms must use advanced technology to find and label fake or altered posts if reported, especially if they appear as ads or election communication. Once such content is identified, platforms have 72 hours to label it with a clear message, like 'This video has been manipulated and is not authentic.' This label must allow users to click for more information. The law applies during specific times leading up to and following an election, particularly if the content involves election-related items like ballots or voting machines.
(a)CA Elections Code § 20514(a) Any large online platform shall develop and implement procedures for the use of state-of-the-art techniques to identify materially deceptive content and for labeling such content as provided in subdivision (c) if all of the following conditions are met:
(1)CA Elections Code § 20514(a)(1) The content is reported pursuant to subdivision (a) of Section 20515.
(2)CA Elections Code § 20514(a)(2) The materially deceptive content is either of the following:
(A)CA Elections Code § 20514(a)(2)(A) Included within subdivision (a) of Section 20513, but is posted outside the applicable time period described in subdivision (e) of Section
20513.
(B)CA Elections Code § 20514(a)(2)(B) Appears within an advertisement or election communication and is not subject to Section 20513.
(3)CA Elections Code § 20514(a)(3) The large online platform knows or acts with reckless disregard for the fact that the materially deceptive content meets the requirements of this section.
(b)CA Elections Code § 20514(b) If a post is determined to meet the requirements for labeling pursuant to subdivision (a), any large online platform shall label the post
upon that determination, but no later than 72 hours after a report is made pursuant to subdivision (a) of Section 20515 in order to be in compliance with this chapter.
(c)CA Elections Code § 20514(c) The label required by subdivision (a) shall state: “This _____ has been manipulated and is not authentic.” The blank in this disclosure shall be filled in with whichever of the following terms most accurately describes the media:
(1)CA Elections Code § 20514(c)(1) Image.
(2)CA Elections Code § 20514(c)(2) Audio.
(3)CA Elections Code § 20514(c)(3) Video.
(d)CA Elections Code § 20514(d) The label required by subdivision (a) shall permit users to click or tap on it
for additional explanation about the materially deceptive content in an easy-to-understand format.
(e)CA Elections Code § 20514(e) The labeling requirement set forth in subdivision (a) applies during any of the following time periods, to the extent applicable:
(1)CA Elections Code § 20514(e)(1) The period beginning six months before an election in California and through the day of the election.
(2)CA Elections Code § 20514(e)(2) The period beginning six months before an election in California and ending on the 60th day after the
election, if the content depicts or pertains to elections officials, the electoral college process, a voting machine, ballot, voting site, or other equipment related to an election, or the canvass of the vote.
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Section § 20515
This law requires large online platforms to make it easy for California residents to report content that may need to be removed or labeled. Once a report is made, the platform must respond within 36 hours, explaining their actions on the reported content.
If a candidate, elected official, or elections official reports content and either doesn’t get a response within 36 hours or disagrees with the outcome, they can take legal action within 72 hours. They can request the court to force the platform to remove or label the content or ensure the platform follows the reporting process. The person seeking legal action must provide strong evidence of the platform's failure to comply.
(a)CA Elections Code § 20515(a) A large online platform shall provide an easily accessible way for California residents to report to that platform content that should be removed pursuant to Section 20513 or labeled pursuant to Section 20514. The large online platform
shall respond to the person who made the report within 36 hours of the report, describing any action taken or not taken by the large online platform with respect to the content.
(b)CA Elections Code § 20515(b) A candidate for elective office, elected official, or elections official who has made a report to a large online platform under subdivision (a) and who either has not received a response within 36 hours or disagrees with the response, action taken, or failure by the large online platform to take action within 72 hours, may seek injunctive or other equitable relief against the large
online platform to compel
the removal of specific content as required by Section 20513, labeling of specific content as required by Section 20514, or compliance with the reporting process required by subdivision (a). The plaintiff shall bear the burden of establishing the violation through clear and convincing evidence. An action under this subdivision shall be entitled to precedence in accordance with Section 35 of the Code of Civil Procedure.
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Section § 20516
This law allows the Attorney General, district attorneys, or city attorneys to take legal action against large online platforms if they don't remove certain content, label it correctly, or follow specific reporting procedures. The officials must prove the platform's violation with strong and convincing evidence. Such cases will be given priority in the court process.
The Attorney General or any district attorney or city attorney may seek injunctive or other equitable relief against any large online platform to compel the removal of specific content as required by Section 20513, labeling of specific content as required by Section 20514, or compliance with the reporting process required by subdivision (a) of Section 20515. The plaintiff shall bear the burden of establishing the violation through clear and convincing evidence. An action under this section shall be entitled to precedence in accordance with Section 35 of the Code
of Civil Procedure.
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Section § 20517
This law targets misleading content, no matter what language it's in. If the content isn’t in English, required notices and labels must be shown in both the original language and in English as well.
This chapter applies to materially deceptive content, regardless of the language used in the content. If the language used is not English, the disclosure required by subdivision (d) of Section 20513 and the label required by Section 20514 must appear in the language used as well as in English.
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Section § 20518
This section allows large online platforms to block, remove, or label content that is deemed materially deceptive at any time, even outside certain specified periods. Also, online platforms that aren't governed by this chapter can still take the same actions against deceptive content.
(a)CA Elections Code § 20518(a) This chapter does not preclude a large online platform from blocking, removing, or labeling any materially deceptive content outside of the time periods specified in Sections 20513 and 20514.
(b)CA Elections Code § 20518(b) This chapter does not preclude any online platform not subject to this chapter from
blocking, removing, or labeling any materially deceptive content.
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Section § 20519
This law section explains exceptions to certain content restrictions for online publications, broadcasting stations, and satire or parody content. Specifically, it states that regularly published online newspapers or magazines can publish deceptive content, as long as they clearly disclose that the content doesn't reflect real events. Broadcasting stations can also air deceptive content in news formats if they make clear it doesn't represent real events. There are also exceptions for paid advertisements that meet specific requirements and when satirical or parody content is involved.
This chapter does not apply to any of the following:
(a)CA Elections Code § 20519(a) A regularly published online newspaper, magazine, or other periodical of general circulation that routinely carries news and commentary of general interest, and that publishes any materially deceptive content that an online platform is required to block or label based on this chapter, if the publication contains a clear disclosure that the materially deceptive content does not accurately represent any actual event, occurrence, appearance, speech, or expressive
conduct.
(b)Copy CA Elections Code § 20519(b)
(1)Copy CA Elections Code § 20519(b)(1) A broadcasting station that broadcasts any materially deceptive content prohibited by this chapter as part of a bona fide newscast, news interview, news documentary, commentary of general interest, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that the materially deceptive content does not accurately represent any actual event, occurrence, appearance, speech, or expressive conduct.
(2)CA Elections Code § 20519(b)(2) A broadcasting station when it is paid to broadcast materially deceptive content and either of the following circumstances exist:
(A)CA Elections Code § 20519(b)(2)(A) The broadcasting station can
show that it has prohibition and disclaimer requirements that are consistent with the requirements in this chapter and that it has provided those prohibition and disclaimer requirements to each person or entity that purchased the advertisement.
(B)CA Elections Code § 20519(b)(2)(B) Federal law requires the broadcasting station to air advertisements from legally qualified candidates or prohibits the broadcasting station from censoring or altering the message.
(c)CA Elections Code § 20519(c) Materially deceptive content that constitutes satire or parody.
online newspaper exemption broadcasting station exception deceptive content disclosure satire and parody advertising disclosure requirements news commentary exception bona fide newscast content labeling materially deceptive content federal law advertisement requirements news documentary coverage disclaimer requirements general interest commentary paid broadcast advertisements on-the-spot news coverage
Section § 20520
If any part of this chapter is found to be invalid, it won't affect the rest. The valid parts will still be applied as long as they can function without the invalid section.
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
severability invalid provision applicability chapter provisions legal validity application without invalid part null and void legal continuity chapter application section independence constitutionality separable provisions law enforcement statutory interpretation legal effectiveness
