United States - California - Deceptive Media Regulation (AB 972/2022)

Overview

California Assembly Bill 972 (AB 972), enacted as Chapter 745 of the Statutes of 2022, amended Section 20010 of the Elections Code and Section 35 of the Code of Civil Procedure. The primary purpose of AB 972 was to extend the sunset date of the existing prohibition on the distribution of materially deceptive audio or visual media in elections from January 1, 2023, to January 1, 2027. This ensures the continued regulation of so-called 'deepfakes' and other manipulated content in California elections for an extended period. The original prompt referenced 'Stats. 2022, ch. 742', however, official legislative records indicate that Assembly Bill 972 was chaptered as Chapter 745, Statutes of 2022.

Definitions

• Materially Deceptive Audio or Visual Media: Defined as an image or an audio or video recording of a candidate's appearance, speech, or conduct that has been intentionally manipulated in a manner such that it would falsely appear to a reasonable person to be authentic, and would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content than if they were seeing or hearing the unaltered, original version.
• Actual Malice: Refers to the distribution of such media with knowledge that it is false or with reckless disregard of whether it was false.

Governance and Institutional Framework

The regulation is enforced through civil actions brought by affected candidates. There is no specific new institutional framework established by this amendment, as it extends an existing law.

Key Focus Areas

• Prohibition of Deceptive Media: A person, committee, or other entity is prohibited from distributing, with actual malice, materially deceptive audio or visual media of a candidate within 60 days of an election, with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate.
• Disclosure Requirement: The prohibition does not apply if the audio or visual media includes a clear disclosure stating: “This __ has been manipulated.”
• Exemption for Satire or Parody: The section explicitly states that it does not apply to materially deceptive audio or visual media that constitutes satire or parody.

Implementation Framework

The law relies on civil actions initiated by candidates. It mandates that actions seeking injunctive relief under this section be given precedence in court.

Monitoring and Evaluation

The continued effectiveness of the law is subject to its sunset clause, which was extended by AB 972 to January 1, 2027. This implies a legislative review or re-evaluation will be necessary before that date to determine if the provisions should be further extended, amended, or allowed to repeal.

Penalties, Liability, and Appeals

• Injunctive Relief: A candidate whose voice or likeness appears in materially deceptive audio or visual media distributed in violation of this section may seek injunctive or other equitable relief to prohibit its distribution. These actions are entitled to precedence in court.
• Damages: Candidates may also bring an action for general or special damages against the entity that distributed the media. The court may award reasonable attorney's fees and costs to a prevailing party.
• Burden of Proof: In any civil action, the plaintiff bears the burden of establishing the violation through clear and convincing evidence.

Relationship to Other Instruments

This section is not to be construed to alter or negate any rights, obligations, or immunities of an interactive service provider under Section 230 of Title 47 of the United States Code (the federal Communications Decency Act).

International Alignment

This state-level regulation does not explicitly address international alignment, focusing on California's electoral processes.

Implementation Timeline

Sources and References