United States of America: Signed Assembly Bill amending Section 35 of the Code of Civil Procedure and adding Section 20012 to the Elections Code regarding deceptive media in advertisements (AB 2839)

On 17 September 2024, the Assembly Bill amending Section 35 of the Code of Civil Procedure and adding Section 20012 to the Elections Code regarding deceptive media in advertisements (AB 2839) was implemented as an urgency measure on the same day of its signing by the Governor of California. The Bill focuses on preventing the distribution of deceptive media, particularly deepfakes, in political advertisements within California elections. Specifically, the Bill prohibits knowingly and maliciously distributing digitally altered or created media that falsely portrays candidates, election officials, or voting-related property in a misleading manner which is reasonably likely to undermine confidence in elections or harm the reputation of candidates. Candidates may portray themselves as saying or doing something they did not if they include a disclosure. It applies within 120 days before an election and 60 days after in certain cases. In addition, the Bill allows candidates, election officials, or recipients of deceptive media to file civil lawsuits seeking injunctions or damages. There are exemptions for satire, parody, and news coverage that discloses the manipulated nature of the content.