A Lawsuit Has Already Been Filed Against California Deepfake Laws

A person holding a smartphone, with a holographic wireframe face and the word "DEEPFAKE" displayed above. The background is blurred, emphasizing the phone and the hologram.

A lawsuit has already been filed against California’s new laws designed to curb AI images and deepfakes.

Governor Gavin Newsom signed three landmark pieces of legislation last week which have been described as some of the toughest laws in the U.S. to crack down on election deepfakes.

But a lawsuit has been filed by a person who creates AI-generated, parody videos including one of vice president Kamala Harris that was shared by Elon Musk.

Associated Press reports that the complainant — who goes by Mr Reagan online — says the new California laws censor free speech and allow anybody to take legal action over content they dislike.

“It’s unclear why this conservative activist is suing California,” a spokesperson for Newsom tells the Associated Press who adds the law doesn’t ban satire and parody content but does require the disclosure of AI to be displayed within altered videos or images.

“This new disclosure law for election misinformation isn’t any more onerous than laws already passed in other states, including Alabama,” adds the spokesperson.

However, the attorney representing the complainant, Theodore Frank, says the new laws overreach and are designed to “force social media companies to censor and harass people.”

“I’m not familiar with the Alabama law. On the other hand, the governor of Alabama had hasn’t threatened our client the way the governor of California did,” Frank tells Associated Press. Newsom did reference the AI video of Harris when Musk reshared it.

California and Deepfake Laws

The California laws make it illegal to create and publish deepfakes related to elections 120 days before Election Day and 60 days thereafter. It also allows courts to stop the distribution of the materials and impose civil penalties.

The law, that has come into immediate effect, will enable individuals to sue for damages over election deepfakes while next year large online platforms, such as X, will be required to remove deceptive material.

Newsom also signed a law that will protect actors and performers from unauthorized AI clones that replicate their likeness or voice being used without their consent.


Image credits: Header photo licensed via Depositphotos.

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