Elon Musk’s X is suing California over a new law aimed at preventing the spread of AI-generated election misinformation. Bloomberg reported that X filed a lawsuit in Sacramento federal court against AB 2655, also known as the Protecting Democracies from Deepfake Fraud Act of 2024.
California Governor Gavin Newsom signed a bill on September 17th that creates liability standards for the use of false political speech fabricated by AI programs in the run-up to elections. The law prohibits distributing “substantially deceptive audio or visual media of a candidate within 60 days of an election in which the candidate appears in a ballet.”
X claims that the law will further increase the censorship of political speech. The complaint says the First Amendment “contains tolerance for potentially false speech made in the context of such criticism.”
Newsom signed AB 2655 as part of a larger bill that addresses concerns about the use of AI to create sexually explicit deepfakes and other deceptive materials. The next day, a federal judge issued a preliminary injunction against the law and other bills signed by Newsom.
California has become one of the centers of debate surrounding the use and implementation of AI. SAG-AFTRA went on strike in 2023 due in part to concerns about the use of AI in film and television projects. SAG ultimately reached an agreement that includes AI protections for actors and prohibits studios from using their likenesses without permission or appropriate compensation. The following year, California passed AB 2602, a law that made it illegal for studios, publishers, and video game studios to use someone’s likeness without permission.
