AB 2355 (2024): Political Reform Act: AI-generated or substantially altered political advertisements
In effectRequired disclaimer, word for word
“Ad generated or substantially altered using artificial intelligence.”
- Citation
- Cal. Gov. Code 84514; placement rules in Gov. Code 84504 to 84504.4
- Enacted
- September 17, 2024
- Effective
- January 1, 2025
- When it applies
- anytime
- Media covered
- any image, audio, or video in an advertisement that is generated or substantially altered using AI
- Who it covers
- committees (candidate committees, PACs, party committees and other Political Reform Act committees) that create, originally publish or originally distribute the ad
- Rule
- disclosure required
- Intent required
- None. Strict disclosure duty. Covers media entirely created by AI that would falsely appear authentic to a reasonable person, or media materially altered by AI so a reasonable person would have a fundamentally different understanding of it.
- Disclaimer format
- Must be clear and conspicuous and follow the Political Reform Act placement rules for each medium. For radio and prerecorded telephone ads (Gov. Code 84504), the disclosure is spoken at the beginning or end of the ad, in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the ad, lasting no less than three seconds. Video, print and online ads use the same format rules as other required PRA disclosures.
- Exemptions
- immaterial changes such as cosmetic adjustment, color edit, cropped image, or resized image
- rights and immunities under 47 U.S.C. 230 are not affected
- Criminal penalty
- None. The statute states a violation is not a misdemeanor (the usual PRA criminal provision does not apply).
- Civil penalty
- FPPC administrative and civil remedies under the Political Reform Act
- Injunction available
- Yes
- Court challenges
- Not challenged in Kohls v. Bonta as far as we could confirm.
- Notes
- This is the rule most campaigns will actually trip over: it applies to any committee ad using AI-made visuals or AI voice, including flattering content and AI voice robocalls, with no deception or intent element.