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<ns0:Id>20250AB__050296AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-10</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-09-04</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureNum>502</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Members Pellerin and Berman</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Pellerin</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Berman</ns0:Name>
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<ns0:Title>An act to amend Section 20012 of the Elections Code, relating to elections. </ns0:Title>
<ns0:RelatingClause>elections</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Elections: deceptive media in advertisements.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law prohibits a person or entity from knowingly distributing an election communication containing materially deceptive content that portrays specified candidates and officials as doing or saying something that the candidate or official did not do or say if the content is reasonably likely to harm the reputation or electoral prospects of a candidate or is reasonably likely to falsely undermine confidence in the outcome of an election. Existing law applies this prohibition within 120 days of an election in California and, in specified cases, up to 60 days after an election.</html:p>
<html:p>Existing law exempts an election communication from this prohibition if the content includes a disclosure stating that the communication has been manipulated. Existing law requires, for visual media, that the text of this disclosure 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.</html:p>
<html:p>This bill would set forth additional requirements relating to the color and font size of the disclosure’s text. The bill would also exempt an election communication from the prohibition if the content includes a disclosure stating that the communication has been generated or substantially altered using artificial intelligence. The bill would specify that the prohibition applies within 120 days of an election in California with regard to candidates for any federal, state, or local elected office and elected officials.</html:p>
<html:p>Under existing law, the prohibition does not apply to an advertisement or other election communication containing materially deceptive content that constitutes satire or parody if the communication includes a specified disclosure.</html:p>
<html:p>This bill would also
exempt an advertisement or other election communication from these prohibitions if a reasonable person would understand that the content was satire or parody.</html:p>
<html:p>Existing law authorizes a recipient of materially deceptive content, among others, to seek an injunction or to bring an action for general or special damages against the person, committee, or other entity that distributed or republished the materially deceptive content.</html:p>
<html:p>This bill would instead authorize the individual depicted in the materially deceptive content to seek the injunction or to bring the action for general or special damages.</html:p>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_AE30BE02-7007-4566-B432-092211BD10C2">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:ELEC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'20012.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 20012 of the
<ns0:DocName>Elections Code</ns0:DocName>
is amended to read:
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<ns0:Num>20012.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
California has now entered its first-ever artificial intelligence (AI) election, in which disinformation powered by generative AI can pollute our information ecosystems like never before. Voters often do not know what images, audio, or video they can trust.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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 generate an artificial robocall in the Governor’s voice telling millions of
Californians their voting site has changed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In the 2024 presidential elections, candidates and parties created and distributed deepfake images and audio and video content. These fake images or files can skew election results, even if they use older methods of distribution, such as mail, television, telephone, and text, and undermine trust in the ballot counting process.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Federal and state law prohibits the impersonation of candidates for public office and state and federal officials.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
California has a compelling interest in ensuring that its elections are free and fair and that its electorate is informed.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
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 deceive voters based on fraudulent content. The provisions of this section are narrowly tailored to advance California’s compelling interest in protecting free and fair elections.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The labeling information required by this bill is narrowly tailored to provide voters with factual information about the inauthenticity of
particular images, audio, video, or text content in order to prevent
voter deception.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A voter’s opinion of a candidate may be irreparably tainted by a fabricated representation of a candidate or elected official saying or doing something they did not say or do. These false, negative impressions may exist indefinitely once posted on the internet and permanently damage a candidate or elected official’s reputation and even put their safety at risk.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person, committee, or other entity shall not, during the time period set forth in subdivision (c), with malice, knowingly distribute an advertisement or other election communication containing materially deceptive content of any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A
candidate for any federal, state, or local elected office in California portrayed as doing or saying something that the candidate did not do or say if the content is reasonably likely to harm the reputation or electoral prospects of a candidate.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of clause (i), “candidate for any federal, state, or local elected office” includes any person running for the office of President of the United States or Vice President of the United States who seeks to or will appear on a ballot issued in California.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An elections official portrayed as doing or saying something in connection with an election in California that the elections official did not do or say if the content is reasonably likely to falsely undermine confidence in the outcome of one or more election
contests.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An elected official portrayed as doing or saying something in connection with an election in California that the elected official did not do or say if the content is reasonably likely to harm the reputation or electoral prospects of a candidate or is reasonably likely to falsely undermine confidence in the outcome of one or more election contests.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A voting machine, ballot, voting site, or other property or equipment related to an election in California portrayed in a materially false way if the content is reasonably likely to falsely undermine confidence in the outcome of one or more election contests.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A) of paragraph (1), this section does not apply to a
candidate portraying
themselves as doing or saying something that the candidate did not do or say if the content includes the disclosure required by Section 84514 of the Government Code or a disclosure stating, in every language used in the media, “This ____ has been manipulated.” and complies with the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The blank in the disclosure shall be filled with whichever of the following terms most accurately describes the media:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Image.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Audio.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Video.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For visual media, the text of the disclosure shall
be in a color that contrasts with the background so as to be easily readable by the average viewer.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For visual media that is video, the disclosure shall appear for the duration of the video and shall be in standard Arial Regular type that is at least 4 percent of the height or width of the television or video display advertisement, whichever is less.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For visual print media that is designed to be individually distributed, including, but not limited to, mailers, flyers, and door hangers, the disclosure shall be in standard Arial Regular type that is at least 14 point.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
For visual print media that is larger than those designed to be individually distributed, including, but not limited to, yard
signs or billboards, the disclosure shall be in standard Arial Regular type with a total height of at least 5 percent of the height of the advertisement.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
For visual electronic media that is a graphic, image, animated graphic, or animated image, the disclosure shall be in standard Arial Regular type with a type size of at least 11 point.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
For any other type of visual media, the disclosure shall be in standard Arial Regular type with a size that is easily readable by the average viewer.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
The disclosure shall not have its type condensed or have the spacing between characters reduced to be narrower than a normal noncondensed standard Arial Regular type.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A person, committee, or other entity shall not, during the time period set forth in subdivision (c), do either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Remove any disclosure required by paragraph (2).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Knowingly republish any content subject to paragraph (2) without the required disclosure.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A violation of subparagraph (A) is evidence of intent to knowingly distribute an advertisement or other election communication containing materially deceptive content, as prohibited by paragraph (1).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The prohibition in subdivision (b) applies only during the following time periods:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For individuals set forth in subparagraph (A) of paragraph (1) of subdivision (b), 120 days before any election in California in which the candidate is running.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For individuals set forth in subparagraph (C) of paragraph (1) of subdivision (b), 120 days before any election in California.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For people and items set forth in subparagraphs (B) and (D) of paragraph (1) of subdivision (b), 120 days before any election in California through 60 days after the election, inclusive.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A
depicted individual, candidate or committee participating in the election, or elections official may seek injunctive or other equitable relief prohibiting the distribution of the materially deceptive content in violation of this section. The court shall also award a prevailing plaintiff reasonable attorney’s fees and costs. An action under this paragraph shall be entitled to precedence in accordance with Section 35 of the Code of Civil Procedure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A depicted individual, candidate or committee participating in the election, or elections official may bring an action for general or special damages against the person, committee, or other entity that distributed or republished the materially deceptive content in violation of this section. The court shall also award a prevailing party reasonable
attorney’s fees and costs. This subdivision shall not be construed to limit or preclude a plaintiff from securing or recovering any other available remedy at law or equity.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not apply to a broadcasting station or internet website that distributed the materially deceptive content if the broadcasting station or internet website did not create the content.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In any civil action alleging a violation of this section, the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not apply to a broadcasting station that broadcasts any materially deceptive content prohibited by this section 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section does not apply to a broadcasting station when it is paid to broadcast materially deceptive content and either of the following circumstances exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The broadcasting station can show that it has prohibition and disclaimer requirements that are consistent with the requirements in this section and that it has provided those prohibition
and disclaimer requirements to each person or entity that purchased the advertisement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Federal law requires the broadcasting station to air advertisements from legally qualified candidates or prohibits the broadcasting station from censoring or altering the message.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This section does not apply to a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes any materially deceptive content prohibited by this section, if the publication clearly states that the materially deceptive content does not accurately represent any actual event, occurrence, appearance, speech, or expressive conduct.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section does not apply to an advertisement or other election communication containing materially deceptive content if either of the following criteria is satisfied:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A reasonable person would understand that the content was satire or parody.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The materially deceptive content includes a disclosure stating “This ____ has been manipulated for purposes of satire or parody,” or substantially similar language, and the disclosure complies with the requirements set forth in paragraph (2) of subdivision (b).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This section does not impose liability on an interactive computer service, as defined in Section 230(f)(2) of Title 47 of the United States Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Advertisement” means any general or public communication that is authorized or paid for the purpose of supporting or opposing a candidate for elective office in California or a ballot measure that appears on a ballot issued in California and that is broadcast by or through television, radio, telephone, or text, distributed through the internet, or disseminated by print media, including billboards, video billboards or screens, and other similar types of advertising.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Broadcasting station” means a radio or television broadcasting station, including any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Cable operator, programmer, or producer.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Streaming service operator, programmer, or producer.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Direct-to-home satellite television operator, programmer, or producer.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Committee” means a committee as defined in Section 82013 of the Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Depicted individual” means an individual who is falsely represented in materially deceptive content.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Election communication” means any general or public communication not covered under “advertisement” that is broadcast by or through television, radio, telephone, or text, distributed through the internet, or disseminated by print media, including billboards, video billboards or screens, and other similar types of communications, that concerns any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A candidate for office or ballot measure.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Voting or refraining from voting in an election.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The canvass
of the vote.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Elections official” means any of the following persons, but only in their capacity as a person charged with holding or conducting an election, conducting a canvass, assisting with the holding or conducting of an election or a canvass, or performing another duty related to administering the provisions of the Elections Code:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An elections official as defined in Section 320.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The Secretary of State and their staff.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A temporary worker, poll worker, or member of a precinct board.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Any other person charged with holding or conducting an election, conducting a canvass,
assisting with the holding or conducting of an election or a canvass, or performing another duty related to administering the provisions of the Elections Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Malice” means the person, committee, or other entity distributed the audio or visual media knowing the materially deceptive content was false or with a reckless disregard for the truth.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Materially deceptive content” means audio or visual media that is intentionally digitally created or modified, which includes, but is not limited to, deepfakes, such that the content would falsely appear to a reasonable person to be an authentic record of the content depicted in the media.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“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 brightness or contrast of images, removal of background noise in audio, and other minor changes that do not impact the content of the audio or visual media.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Recipient” includes a person who views, hears, or otherwise perceives an image or audio or video file that was initially distributed in violation of this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The provisions of this section apply regardless of the language used in the advertisement or solicitation. If the language used is not English, the disclosure required by paragraph (2) of subdivision (b) shall appear in the language used in the advertisement or solicitation.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The provisions of this section are severable. If any provision of this section 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.
</html:p>
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