CA AB2655: Defending Democracy from Deepfake Deception Act of 2024.

In one paragraph

California's AB 2655, the Defending Democracy from Deepfake Deception Act of 2024, requires large online platforms (1M+ California users) to remove reported deepfakes of candidates, elections officials and elected officials within 72 hours during set periods around elections and to label other reported deceptive election content; candidates, officials and prosecutors may seek injunctions. Signed September 17, 2024 (Chapter 261); effective January 1, 2025. In August 2025 a federal court held it preempted by Section 230 and barred the Attorney General and Secretary of State from enforcing it against X and Rumble; they later agreed not to enforce it against any platform. California appealed.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Large platforms (1M+ California users) would have to remove or label reported election deepfakes within 72 hours, but a federal court held the act preempted by Section 230; orders bar only the Attorney General and Secretary of State from enforcing it against platforms. California has appealed.

Key provisions

1. 1Adds Elections Code §§ 20510-20520. Large online platform: a public-facing website or app, including social media, video-sharing platforms, advertising networks and search engines, with at least 1,000,000 California users in the preceding 12 months; materially deceptive content is digitally created or modified audio or visual media, including deepfakes and chatbot output, that would falsely appear authentic to a reasonable person (§ 20512)
2. 2Removal (§ 20513): after a report, platforms must remove content falsely showing a candidate doing or saying something (reasonably likely to harm their reputation or electoral prospects), or an elections official or elected official doing so in a way reasonably likely to falsely undermine confidence in results, if they know or recklessly disregard that it qualifies, no later than 72 hours after the report; identical or substantially similar reposts of removed content must be removed when discovered or reported
3. 3Removal window: 120 days before an election in California through election day (through the 60th day after for content about elections officials); candidates may post manipulated media of themselves labeled "This [image/audio/video] has been manipulated."
4. 4Labeling (§ 20514): other reported deceptive content in election ads or election communications, or removal-type content outside the window, must be labeled "This [image/audio/video] has been manipulated and is not authentic." within 72 hours if the platform knows or recklessly disregards that it qualifies, from six months before an election through election day (60 days after for content about election administration)
5. 5Platforms must give Californians an easy way to report content and respond within 36 hours (§ 20515); candidates, elected officials and elections officials who reported, and the Attorney General, district attorneys and city attorneys, may seek injunctive or other equitable relief on clear and convincing evidence; the act sets no fines
6. 6Exempt: news publications and broadcasters that disclose the content is not authentic, broadcasters airing paid ads under consistent policies or where federal law requires airing, and satire or parody
7. 7Kohls v. Bonta (E.D. Cal.): on August 20, 2025 the court held the act preempted by 47 U.S.C. § 230 and permanently enjoined the Attorney General and Secretary of State from enforcing it against X Corp. and Rumble; an August 28, 2025 stipulated order bars those two officials from enforcing it against any provider of an interactive computer service unless an appellate court vacates the judgment; California appealed to the Ninth Circuit (No. 25-6138)
8. 8Signed September 17, 2024 (Chapter 261, Statutes of 2024); effective January 1, 2025

Latest legislative action

Sep 17, 2024. Chaptered by Secretary of State - Chapter 261, Statutes of 2024.

Sponsors

Roll call votes (showing 3 of 10)