New California Legislation (AB 2655) Targets Manipulated “Deepfake” Media To Prevent Voter Misinformation in Elections

California Targets Deepfake Threats with New Election Law

Starting 1 January 2025, California’s Defending Democracy from Deepfake Deception Act of 2024 (AB 2655) takes aim at the growing threat of manipulated media online.

Designed to combat the spread of deceptive content, the Act holds large online platforms accountable for addressing deepfakes that misrepresent political candidates during crucial election periods.

Bill Text - AB-2655 Defending Democracy from Deepfake Deception Act of 2024.

AB 2655 Defending Democracy from Deepfake Deception Act of 2024.

AB-2655 Defending Democracy from Deepfake Deception Act of 2024.

What Does the Law Require?

AB 2655 places significant responsibilities on online platforms with over one million California users, ensuring they act swiftly against deceptive content, particularly during election seasons.

Here’s how it works:

• Election Periods: From 120 days before an election, platforms must remove materially deceptive content within 72 hours of receiving a valid report. This applies to manipulated audio, video, or images designed to mislead voters about a political candidate’s actions or statements.
• Non-Election Periods: Outside these critical windows, platforms are required to label such deceptive content clearly, providing users with context about its manipulative nature.

Defining "Materially Deceptive Content"

The law defines "materially deceptive" as media altered in a way that could mislead viewers into believing a candidate said or did something false.

This includes doctored videos, dubbed audio, or fabricated images intended to harm a candidate’s reputation or manipulate voter perceptions.

The focus is not just on malicious content but also on its potential impact on democratic processes. By mandating swift action during election periods, the law aims to protect voters from falling prey to misinformation campaigns.

Enforcing Accountability

AB 2655 empowers California’s Attorney General, district attorneys, and city attorneys to take legal action against platforms that fail to comply. These enforcement mechanisms highlight the state’s commitment to holding tech giants responsible for their role in combating the spread of harmful deepfakes.

Platforms that do not act within the stipulated timelines or fail to implement proper labelling systems during non-election periods could face legal consequences, setting a precedent for proactive digital content moderation.

Deepfake technology, powered by advancements in artificial intelligence, has become a tool for creating highly convincing yet entirely fabricated media. While the technology has applications in entertainment and education, its darker uses, such as spreading political misinformation, have raised alarm.

In recent years, incidents of deepfakes targeting political figures have multiplied. These manipulated videos and audio clips often go viral, misleading audiences and creating public distrust.

AB 2655 represents a direct response to these growing threats, aiming to restore integrity to the digital information ecosystem.

Challenges for Platforms

Large platforms like social media giants now face the dual challenge of implementing robust detection systems and responding quickly to flagged content. Identifying deepfakes is a technically demanding task, requiring advanced AI tools and skilled moderation teams.

Moreover, the law’s 72-hour removal requirement during election periods places additional pressure on platforms to act efficiently. Failure to comply could not only result in legal action but also damage their reputations as responsible digital intermediaries.