X sues California over deceptive AI-made election content ban

Elon Musk’s X is taking the state of California to court over a new law that prevents the spread of AI-generated election misinformation. Bloomberg reports that X filed a lawsuit against AB 2655, also known as the Defending Democracy from Deepfake Deception Act of 2024, in a Sacramento federal court.

California Gov. Gavin Newsom signed the bill into law on September 17, creating accountability standards for using false political speech faked with AI programs close to an election. The legislation prevents the distribution of “materially deceptive audio or visual media of a candidate within 60 days of an election at which the candidate will appear on the ballet.”

X argues that the law will create more political speech censorship. The complaint says the First Amendment “includes tolerance for potentially false speech made in the context of such criticisms.”

Newsom signed AB 2655 into law as part of a large package of bills addressing concerns about the use of AI to create sexually explicit deepfakes and other deceptive material. The next day, a federal judge issued a preliminary injunction against the law and other bills from Newsom’s signing.

California has become one of the epicenters of debate over the use and implementation of AI. Concerns about the use of AI in film and television projects, among other issues, prompted SAG-AFTRA to go on strike in 2023. SAG eventually reached a deal that included AI protections for actors prohibiting studios from using their likeness without permission or proper compensation. The following year, the state of California passed AB 2602, a law that makes it illegal for studios, publishers and video game studios to use someone’s likeness without their permission.