Mind Matters Natural and Artificial Intelligence News and Analysis

California law against political deepfakes results in — deepfakes

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Responding to California’s new legislation forbidding deepfakes in political advertising, championed by governor Gavin Newsom — and promptly challenged by a parody writer — economist Robert Graboyes offers at his Substack, Bastiat’s Window, his own parodies … of Newsom:

Apparently, a sizable number of California voters share a genetic trait stunting their capacity to recognize political satire and parody—a disability greatly augmented by the use of artificial intelligence (A.I.). On September 17, Governor Gavin Newsom signed legislation (AB 2355, AB 2655, AB 2839), designed “to remove deceptive content from large online platforms, increase accountability, and better inform voters.” These laws would require that certain audio and video materials be clearly marked as “parody” or “satire.”

But, he hastens to assure us,

In light of Californians’ collective cognitive infirmity, it’s important to inform them that the images atop this column are SATIRE AND/OR PARODY. In no literal sense is their governor a turnip, soap box logo, squid, cartoon clown, avocado, canister of hair gel, tuba, carrot, jar of kombucha, or long-ago Pennsylvania Governor caricatured as a parrot. Further, the above collage was produced WITHOUT A.I. as Bastiat’s Window did not wish to visit the West Coast courtesy of some George Soros marionette’s extradition papers.

He goes on to offer a diverting look at earlier efforts to outlaw parody in US political history, which sharpened many a cartoonist’s pencil. This from 1903:

Those who would ban mockery commonly bring out the best in the genre because the lines or images often write, draw or film themselves. Here’s a YouTube video parody of Newsom from 13 days ago that would never have been made if Newsom had not passed anti-parody legislation:

California has lost the first round of a legal battle with parodist Christopher Kohls. The Court zeroed in to protect First Amendment rights to vigorous political speech and expression. But our legal writer Richard Stevens worries that, in the current climate, “the collection of piecemeal laws and regulations aiming to fix this or that problem will grow without limit.”

You may also wish to read: California: The new “deepfakes” ban violates the First Amendment! Outrage over the AI-generated imitations of Kamala Harris’s voice distracts from the issues around the state’s power grab over media. AB 2839 targets political speech, the most protected form of expression under the First Amendment. There are 7 meritorious challenges. (Richard Stevens)

Deepfakes can be a serious issue, to be sure, but trying to outlaw political parody invites challenge.


California law against political deepfakes results in — deepfakes