§ 20519. — 20519. (Added by Stats. 2024, Ch. 261, Sec. 3.)

California § 20519.

• 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

This chapter does not apply to any of the following:
(a)
A regularly published online newspaper, magazine, or other periodical of general circulation that routinely carries news and commentary of general interest, and that publishes any materially deceptive content that an online platform is required to block or label based on this chapter, if the publication contains a clear disclosure that the materially deceptive content does not accurately represent any actual event, occurrence, appearance, speech, or expressive
conduct.
(b)
(1)
A broadcasting station that broadcasts any materially deceptive content prohibited by this chapter as part of a bona fide newscast, news interview, news documentary, commentary of general interest, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that the materially deceptive content does not accurately represent any actual event, occurrence, appearance, speech, or expressive conduct.
(2)
A broadcasting station when it is paid to broadcast materially deceptive content and either of the following circumstances exist:
(A)
The broadcasting station can
show that it has prohibition and disclaimer requirements that are consistent with the requirements in this chapter and that it has provided those prohibition and disclaimer requirements to each person or entity that purchased the advertisement.
(B)
Federal law requires the broadcasting station to air advertisements from legally qualified candidates or prohibits the broadcasting station from censoring or altering the message.
(c)
Materially deceptive content that constitutes satire or parody.

Legislative History

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