Compliance

Materially deceptive content

Manipulated media likely to mislead about authenticity or harm elections.

How the laws define this

Both California AB 2655 - Defending Democracy from Deepfake Deception Act of 2024 and California AB 2839 - Deceptive Election Content agree that materially deceptive content involves audio, visual, image, or video media that has been digitally created or altered to falsely present unauthentic material. They share a common core targeting genuinely misleading fabrications rather than minor modifications that do not significantly alter perceived meaning. The primary divergence lies in their scope and required harmful impact. California AB 2655 - Defending Democracy from Deepfake Deception Act of 2024 applies a general objective threshold, defining media by whether it would appear to a reasonable person as an authentic record. Conversely, California AB 2839 - Deceptive Election Content narrows the focus strictly to electoral impacts, requiring content to falsely portray a person doing or saying something they did not do or say, or to falsely undermine confidence in election outcomes or officials, while being reasonably likely to harm a candidate's reputation or electoral prospects.

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.

Jurisdiction	Instrument	Status	What is distinctive
California, United States	California AB 2655 - Defending Democracy from Deepfake Deception Act of 2024	In Force	This definition widens the term to include chatbot outputs alongside deepfakes and excludes minor modifications that do not significantly alter perceived meaning.
California, United States	California AB 2839 - Deceptive Election Content	In Force	This definition narrows the term to content reasonably likely to harm a candidate's reputation or electoral prospects, including undermining confidence in elections or officials.

What it triggers

In California, under AB 2655, large online platforms must block or label it during election periods.source
In California, under AB 2839, distributors are prohibited from sharing it near elections.source

Definitions (2)

This refers to audio or visual media digitally created or modified, including deepfakes and chatbot outputs, that would appear to a reasonable person as an authentic record. It specifically excludes minor modifications that do not significantly alter the content's perceived meaning, focusing on genuinely misleading alterations.

California AB 2655 - Defending Democracy from Deepfake Deception Act of 2024Definition 1 of 2

Content, including images, audio, or video, that has been digitally altered or created to falsely portray a person doing or saying something they did not do or say, or to falsely undermine confidence in election outcomes or officials, and is reasonably likely to harm a candidate's reputation or electoral prospects.

California AB 2839 - Deceptive Election ContentDefinition 2 of 2

Not to be confused with

Materially deceptive audio or video

That term limits the content to audio or video altered to mislead voters about a candidate, while this term covers broader media including images and effects on election confidence.

MATERIALLY DECEPTIVE MEDIA

That term specifies AI-produced media falsely depicting real people likely to be believed, while this term emphasizes digital alteration or creation to falsely portray actions or statements.

Questions and answers

What platforms must act on materially deceptive content under California law?

Under AB 2655, large online platforms must block or label it during election periods. This applies to audio, visual media, deepfakes, and chatbot outputs appearing authentic.

What does California prohibit distributors from sharing near elections?

AB 2839 prohibits sharing content digitally altered or created to falsely portray candidates or officials, or undermine election confidence, if likely to harm reputation or prospects.

Are minor changes considered materially deceptive content?

No, [1] excludes minor modifications that do not significantly alter the content's perceived meaning.