California Gov. Gavin Newsom has signed several bills into law putting limits on the use of artificial intelligence, from how AI is deployed in political ads to how famous voices and faces are unknowingly repurposed with the help of the new technology.
For broadcasters, the most consequential is possibly a bill signed Tuesday by Newsom that adopts tough new restrictions on the use of deepfakes in campaign ads. The bill, which makes California the first state to include AI under its campaign transparency rules, mandates the use of disclaimers when AI is used in political ads — including those on radio.
Bill AB 2355 says the radio disclosure must be included “at the beginning or end of the advertisement and read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement.” It covers ads that are paid for by a political party or a candidate-controlled committee established for an elective office of the controlling candidate, but not those related to ballot measures. The legislation also authorizes California’s Fair Political Practices Commission to enforce a violation of the disclosure requirements by going to court to compel compliance.
Assemblymember Wendy Carrillo (D-Los Angeles) says that while the availability of tools to doctor images, video, and sound is not new, rapid improvements in AI has made it easier to create convincingly fake sounds, images, and videos.
“As these technologies become more accessible and are used in political campaigns, their impact on democracy requires urgent action,” Carillo said. “Voters must be informed when generative AI is used in political advertising to substantially alter media or create misleading content. Free speech and political expression are a cornerstone of our democracy, but we cannot lose sight of our humanity amid the advancement of artificial intelligence.”
Newsom also signed a bill that requires large online platforms to remove or label deceptive and digitally altered or created content related to elections during specified periods and requires them to provide mechanisms to report such content. He also signed a bill that expands the timeframe prohibiting someone from knowingly distributing an advertisement or other election material containing deceptive AI-generated or manipulated content.
“It’s critical that we ensure AI is not deployed to undermine the public’s trust through disinformation — especially in today’s fraught political climate,” Newsom said. These measures will help to combat the harmful use of deepfakes in political ads and other content, one of several areas in which the state is being proactive to foster transparent and trustworthy AI.”
Several other states have also put limits on AI’s use in political ads on radio and other media, including New York, New Mexico and Michigan.
Protecting Talent Likeness
Beyond political ads, Newsom also signed into law two bills that will help protect people in front of the microphone and camera from having their digital likenesses in audio and visual productions used without their consent. Supporters say the legislation will help ensure the responsible use of artificial intelligence and other digital media technologies in entertainment by giving workers additional protections. The limits include performers who are deceased.
“We continue to wade through uncharted territory when it comes to how AI and digital media is transforming the entertainment industry, but our North Star has always been to protect workers,” said Newsom. “This legislation ensures the industry can continue thriving while strengthening protections for workers and how their likeness can or cannot be used.”
Bill AB 2602 requires contracts to specify the use of AI-generated digital replicas of a performer’s voice or likeness, and the performer must be professionally represented in negotiating the contract. Sponsor Ash Kalra (D-San Jose) says it will help protect performers’ and actors’ careers, ensuring that AI is not used to replicate their voice or likeness without permission.
Bill AB 1836 prohibits commercial use of digital replicas of deceased performers in films, TV shows, video games, audiobooks, sound recordings and more, without first obtaining the consent of those performers’ estates. Sponsor Rebecca Bauer-Kahan (D-Orinda) says it aims to curb unauthorized uses of digital replicas, encompassing any audiovisual work or sound recordings linked to performances delivered by artists when they were alive.
Adoption of the new protections for talent was never assured. California is home to not only Hollywood but also Silicon Valley, and the state is home to 32 of the world’s 50 leading AI companies. The Motion Picture Association of America had also fought against the legislation.
SAG-AFTRA National Executive Director Duncan Crabtree-Ireland called the bills “much-needed legislation” prioritizing the rights of individuals in the AI age. “No one should live in fear of becoming someone else’s unpaid digital puppet,” he said.