California has enacted some of the country’s strictest measures to combat the spread of deepfakes in elections ahead of the 2024 election.

Governor Gavin Newsom signed a series of bills at an AI conference in San Francisco.

The new measures include a law against AI-generated fake political ads and materials that could mislead voters.

This law, which came into effect immediately, allows individuals to sue for damages if they have been harmed by deepfake content.

It also empowers courts to order the removal of misleading AI-generated materials that misrepresent candidates, election processes, or even election officials.

Governor Newsom said these measures are critical to maintaining public confidence in elections at a time of rapid advances in AI technology.

In addition, they will put the state at the forefront of addressing the potential impact of artificial intelligence on electoral integrity.

“It’s about protecting democracy and making sure Californians learn the truth and not manipulated fabrications that could influence people’s voting behavior,” he said.

However, the new legislation is already encountering legal resistance.

A lawsuit was filed in Sacramento by a political activist who created parody videos with altered audio clips of Vice President Kamala Harris.

This person, whose work was shared by Elon Musk, claims that the new laws violate First Amendment rights.

In his complaint, he argues that the laws are too broad and could be abused to censor free speech under the guise of regulating AI-generated content.

“The Governor of California just declared this parody video illegal in violation of the United States Constitution,” Musk wrote on X, formerly known as Twitter, referring to one of the parody videos shared on his platform.

Musk is one of Newsom’s most vocal critics, particularly mocking the governor’s AI policies in a tweet that referenced the satirical persona “Professor Suggon Deeznutz.”

State officials argue that the legislation is not aimed at satire or parody, but rather at misleading material that misleads voters without clearly indicating that AI is involved.

“This new election misinformation disclosure law is no more burdensome than laws already passed in other states,” Newsom spokeswoman Izzy Gardon said in response to the lawsuit.

Experts on both sides of the debate are watching California closely because the state’s actions could set a national precedent.

Theodore Frank, the plaintiff’s attorney, warned that the law could give social media companies the ability to “censor and harass people” because they subjectively interpret the content created by AI.

Public Citizen, a consumer protection organization, tracks state laws on deepfakes in elections.

Her representative, Ilana Beller, said that while the new California law has deterrent potential, its actual effectiveness depends on how quickly the courts can act to stop the spread of misleading content.

“In an ideal world, we could remove content immediately when it is uploaded,” she said.

“Because the faster you can remove the content, the fewer people will see it, the fewer people will spread it through reposts and the like, and the faster you can take it down.”

This article contains reports from The Associated Press