Elon Musk’s platform X takes a bold stand against California’s deepfake law, raising crucial First Amendment questions.

At a Glance

• Elon Musk’s X challenges California’s deepfake law on free speech grounds.
• The law, AB 2655, aims to counter election-related deepfake misuse.
• Critics argue the law suppresses political speech and satire.
• California pledges to defend the law amidst legal challenges.

Legal Battle Over Deepfake Law

Elon Musk’s social media platform X is legally challenging California’s newly enacted AB 2655. The law requires online platforms to manage deepfake content during election periods, citing a potential compromise on First Amendment rights. The legislation targets digital content deemed “materially deceptive” about elections and candidates, sparking a debate over the balance between free speech and misinformation control.

The lawsuit contends that the law stifles political satire and valuable political speech. Critics argue that the law imposes a form of prior restraint, potentially censoring important public discourse. Assembly Bill 2655 mandates platforms to either label or remove election-related deepfake content within 72 hours of reporting, eliciting concerns about censorship and the hindrance of humorous political expression.

Impact on Free Speech and Content Moderation

X’s lawsuit states that AB 2655 “will inevitably result in the censorship of wide swaths of valuable political speech and commentary.” Critics fear the law encourages platforms to prioritize removal over moderation, affecting robust political debates crucial to democracy. This approach may hinder open and extensive discussions on public matters, a concern echoed by legal and free speech advocates.

“The California Department of Justice has been and will continue to vigorously defend AB 2655 in court,” stated Attorney General Rob Bonta’s office.

With platforms facing potential lawsuits for noncompliance, there is a real incentive for removing content swiftly to avoid legal repercussions. California Governor Gavin Newsom argues that the law addresses growing AI-related election issues, following a controversial video featuring altered images of Kamala Harris and President Joe Biden shared by Musk.

X Corp. is challenging a California law aimed at combating deceptive deepfakes in elections. The law obligates large online platforms to delete or label manipulated content. X Corp. claims this infringes on First and Fourteenth Amendment rights. https://t.co/3BdenGa5cR

— The Record From Recorded Future News (@TheRecord_Media) November 15, 2024

Broader Implications and Legislative Actions

California’s AB 2655 is part of a broader initiative, including AB 2839 and AB 2355, targeting AI-generated excessive content in political advertising. While a federal judge has already issued a preliminary injunction against AB 2839, highlighting concerns of its effect on free expression, California remains steadfast in its legislative approach. AB 2355 imposes disclosure requirements for AI-altered campaign material, emphasizing transparency.

As more than half of U.S. states consider similar laws, the outcome of X’s legal fight against California could have far-reaching effects on freedom of speech and content regulation across the nation.