In one paragraph
AB 2839 bars knowingly distributing, with malice, election communications containing materially deceptive digitally created or altered content about candidates, elected officials, elections officials or election equipment in the 120 days before a California election and, for some content, 60 days after. A federal court preliminarily enjoined it in October 2024 and, in August 2025, held it unconstitutional and permanently barred enforcement against the plaintiffs in Kohls v. Bonta.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
If you create or distribute California election content, note that a federal court held AB 2839 unconstitutional in 2025 and permanently barred its enforcement against the plaintiffs in Kohls v. Bonta.
Key provisions
- Covers materially deceptive, digitally created or altered depictions of candidates, elected officials, elections officials and election equipment (Elections Code 20012)
- Applies within 120 days before an election and, for some content, up to 60 days after
- Recipients, candidates, committees and elections officials may sue for injunctive relief and damages
- Exemptions: candidates portraying themselves and satire or parody if the required disclosure is included; broadcasters, newspapers, periodicals and bona fide news coverage under conditions; and online platforms covered by federal Section 230
- Held unconstitutional and permanently enjoined as to the plaintiffs in Kohls v. Bonta (E.D. Cal., August 29, 2025)
Latest legislative action
Sep 17, 2024. Chaptered by Secretary of State - Chapter 262, Statutes of 2024
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error