California’s 5 new AI laws crack down on election deepfakes and actor clones

On Tuesday, California Governor Gavin Newsom signed some of America’s toughest laws yet regulating the artificial intelligence sector. Three of these laws crack down on AI deepfakes that could influence elections, while two others prohibit Hollywood studios from creating an AI clone of an actor’s body or voice without their consent.

“Home to the majority of the world’s leading AI companies, California is working to harness these transformative technologies to help address pressing challenges while studying the risks they present,” said Governor Newsom’s office in a press release Tuesday.

One of California’s new laws, AB 2655, requires large online platforms, like Facebook and X, to remove or label AI deepfakes related to elections, as well as create channels to report such content. Candidates and elected officials can seek injunctive relief if a large online platform is not complying with the act.

Another law, 2355, requires disclosures of AI-generated political advertisements. That means moving forward, Trump may not be able to get away with posting AI deepfakes of Taylor Swift endorsing him on Truth Social (she endorsed Kamala Harris). The FCC has proposed a similar disclosure requirement at a national level, and has already made robocalls using AI-generated voices illegal.

The last two AI laws signed on Tuesday – which the nation’s largest film and broadcast actors union, SAG-AFTRA, was pushing for – create new standards for California’s media industry. AB 2602 requires studios to obtain permission from an actor before creating an AI-generated replica of their voice or likeness. Meanwhile, AB 1836 prohibits studios from creating digital replicas of deceased performers without consent from their estates. (Legally cleared replicas were used in recent Alien, Star Wars, and other films, for instance.)

Governor Newsom is currently considering several AI-related bills, including the highly contentious SB 1047, which California’s Senate has sent to his desk for final approval. During a chat with Salesforce CEO Mark Benioff on Tuesday, Newsom may have tipped his hat, reportedly echoing concerns from SB 1047’s opponents that the bill could have a chilling effect on the open source community. He has two weeks to sign or veto that bill.