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.

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.

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.

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.

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.

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.

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.