§ 20514. — 20514. (Added by Stats. 2024, Ch. 261, Sec. 3.)

California § 20514.

• Jurisdiction: California
• Code ELEC: Elections Code - ELEC
• Div. 20.: DIVISION 20. ELECTION CAMPAIGNS
• Ch. 7.: CHAPTER 7. Defending Democracy from Deepfake Deception Act of 2024

Text

(a)
Any large online platform shall develop and implement procedures for the use of state-of-the-art techniques to identify materially deceptive content and for labeling such content as provided in subdivision (c) if all of the following conditions are met:
(1)
The content is reported pursuant to subdivision (a) of Section 20515.
(2)
The materially deceptive content is either of the following:
(A)
Included within subdivision (a) of Section 20513, but is posted outside the applicable time period described in subdivision (e) of Section
20513.
(B)
Appears within an advertisement or election communication and is not subject to Section 20513.
(3)
The large online platform knows or acts with reckless disregard for the fact that the materially deceptive content meets the requirements of this section.
(b)
If a post is determined to meet the requirements for labeling pursuant to subdivision (a), any large online platform shall label the post
upon that determination, but no later than 72 hours after a report is made pursuant to subdivision (a) of Section 20515 in order to be in compliance with this chapter.
(c)
The label required by subdivision (a) shall state: “This _____ has been manipulated and is not authentic.” The blank in this disclosure shall be filled in with whichever of the following terms most accurately describes the media:
(1)
Image.
(2)
Audio.
(3)
Video.
(d)
The label required by subdivision (a) shall permit users to click or tap on it
for additional explanation about the materially deceptive content in an easy-to-understand format.
(e)
The labeling requirement set forth in subdivision (a) applies during any of the following time periods, to the extent applicable:
(1)
The period beginning six months before an election in California and through the day of the election.
(2)
The period beginning six months before an election in California and ending on the 60th day after the
election, if the content depicts or pertains to elections officials, the electoral college process, a voting machine, ballot, voting site, or other equipment related to an election, or the canvass of the vote.

Legislative History

Added by Stats. 2024, Ch. 261, Sec. 3. (AB 2655) Effective January 1, 2025.