Elon Musk’s social media app X has sued the state of California to block a new law that would require large online platforms to remove and label deceptive election content.
The lawsuit, filed this week in federal court, targets a law aimed at combating harmful videos, images, and audio that are altered or created by artificial intelligence. This type of content, known as deepfakes, can make it appear as if a person has said or done something they have not actually done. The law is scheduled to come into effect on January 1st.
Assembly Bill 2655 The bill was one of three bills California Governor Gavin Newsom signed this year to address growing concerns about deepfakes in the run-up to the 2024 US presidential election. California lawmakers are seeking to reduce potential risks from technology, but they face pushback from powerful technology executives wary of efforts they see as potentially restricting users’ online speech. is also facing.
Election deepfakes came to the spotlight after Newsom sparred online with Musk, who used AI to alter what Vice President Kamala Harris said in a Democratic campaign ad. He shared a viral video. Republican Donald Trump, who won the presidency with strong support from Musk, also posted a deepfake image of Taylor Swift that falsely suggested the megastar supported Musk. .
Mr. X argues that the new law will prompt social media sites to label or remove legitimate election content out of caution.
“This system inevitably results in censorship of a wide range of valuable political speech and commentary,” the complaint states.
The lawsuit says the law violates the U.S. Constitution’s free speech protections and Section 230, the federal law that protects online platforms from liability for user-generated content. Company X, which moved its headquarters from San Francisco to Texas this year, is suing California Atty. General Rob Bonta and Secretary of State Shirley Weber block this legislation.
“The California Department of Justice has and will continue to vigorously defend AB 2655 in court,” a Bonta spokesperson said in a statement.
Mr. X did not immediately respond to a request for comment, and the Secretary of State’s Office said it does not comment on pending litigation.
Rep. Mark Berman (D-Menlo Park), who introduced AB 2655, said in a statement that he reached out to Rep. X to gather feedback on the bill before lawmakers voted on it.
“I expected them to engage constructively with me during the legislative process. I was not surprised if they did not. I will defer to the Department of Justice in any litigation.” Berman he said in a statement.
Newsom’s office pointed out that AB 2655, known as the Protecting Democracies from Deepfake Fraud Act of 2024, exempts parody and satirical content. The governor’s office said it is confident the state will prevail in court.
“Deepfakes threaten the integrity of our elections, and these new laws protect democracy while preserving free speech. We are as strict as the state,” said Tara Gallegos, a spokeswoman for the governor. said in a statement.
However, Mr.
X has a manipulated media policy similar to social media giants like Facebook’s parent company Meta, TikTok, and Google-owned YouTube. × rule It prohibits users from sharing deceptively manipulated media that may cause harm, and states that in some cases this content may be labeled.
Musk has declared himself a “free speech absolutist,” but the company’s approach to enforcing the platform’s rules limits access to potentially offensive posts rather than taking them down. That’s true. But regulators, civil rights groups and users have criticized social media platforms, including X, for not doing enough to comply with their own rules.
As AI-generated election misinformation increases on social media, the legislation passed in the lead-up to this month’s elections aimed to: Strengthen what California already had The law prohibits the distribution of deceptive audio or visual media intended to damage a candidate’s reputation or deceive voters within weeks after an election.
In October, a federal judge blocked another of those laws. Assembly Bill 2839; While a legal challenge to it is pending. The law prohibits the distribution of deceptive campaign ads or “election communications” within 120 days after an election.
X has also previously tried to block a new California law targeting social media platforms. Musk filed a lawsuit last year over another state law that requires platforms to disclose how they moderate content. X failed to block AB 587, then won bring the action In September.
