Compliance

Actual Malice

Distributing false media with knowledge of falsity or reckless disregard for truth.

How the laws define this

Both California Elections Code § 20010 and California AB 730 - Deceptive Audio/Visual Media in Elections agree that the core of actual malice is acting with knowledge that information or a statement was false, or with reckless disregard of whether it was false or not. This establishes a baseline standard centered on knowing falsity or reckless disregard. The principal divergence lies in the scope of conduct and legal application described by each instrument. Under California Elections Code § 20010, the standard applies specifically to the distribution of materially deceptive audio or visual media. By contrast, California AB 730 - Deceptive Audio/Visual Media in Elections frames actual malice as a legal standard primarily used in defamation cases involving statements. Compliance professionals must therefore distinguish between actions involving the distribution of deceptive audio or visual media under the elections code and general statements evaluated under defamation standards.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
California, United StatesElections: deceptive audio or visual media (California Elections Code § 20010)In ForceLimits actual malice to distribution of materially deceptive audio or visual media in elections, extending the prohibition until January 1, 2027.
California, United StatesCalifornia AB 730 - Deceptive Audio/Visual Media in ElectionsIn Force (Amended)Broadens to the general legal standard from defamation while applying it specifically to malicious deepfake distribution of political candidates within 60 days of an election.

What it triggers

  • In California elections, it prohibits distribution of materially deceptive audio or visual media including deepfakes until January 1, 2027.source
  • Under California AB 730, it prohibits malicious distribution of deepfakes of political candidates within 60 days of an election, allowing for injunctive relief and damages.source

Definitions (2)

In the context of this law, it means the distribution of materially deceptive audio or visual media with knowledge that the information is false or with reckless disregard of whether it was false or not.

A legal standard, primarily used in defamation cases, meaning the statement was made with knowledge that it was false or with reckless disregard of whether it was false or not.

Not to be confused with

Reckless Distribution

Actual malice focuses on knowledge or reckless disregard of falsity in media, while reckless distribution emphasizes disregard for harm to reputation or voter behavior.

Questions and answers

What consequences follow from actual malice in California elections?

It prohibits distribution of materially deceptive audio or visual media with actual malice. This includes deepfakes and extends until January 1, 2027.

How does California AB 730 use actual malice?

It prohibits malicious distribution of deepfakes of political candidates within 60 days of an election. Remedies include injunctive relief and damages.