Marc Berman
- Democratic
- Assemblymember
- District 23
Author
Existing law establishes requirements for the conduct of election campaigns, including requirements regarding the endorsement of candidates, political corporations, campaign funds, fair campaign practices, and libel and slander. Existing law, until January 1, 2027, prohibits any person, committee, or other entity from distributing, with actual malice, materially deceptive audio or visual media of a candidate for elective office with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate, within 60 days of the election. Existing law requires specified actions pertaining to elections to be given precedence when they are filed in court, including actions involving the registration of voters, the certification of candidates and measures, and election contests, and, until January 1, 2027, actions involving the foregoing prohibition against materially deceptive media. This bill, to be known as the Defending Democracy from Deepfake Deception Act of 2024, would require a large online platform, as defined, to block the posting of materially deceptive content related to elections in California, during specified periods before and after an election. The bill would require a large online platform to label certain additional content inauthentic, fake, or false during specified periods before and after an election in California. The bill would require a large online platform to develop procedures for California residents to report content that has not been blocked or labeled in compliance with the act. The bill would also authorize candidates for elected office, elected officials, elections officials, the Attorney General, and a district attorney or city attorney to seek injunctive relief against a large online platform for noncompliance with the act, as specified, and would assign precedence to such actions when they are filed in court. The bill would exempt from its provisions a broadcasting station and a regularly published online newspaper, magazine, or other periodical of general circulation that satisfy specified requirements. The bill would also exempt content that is satire or parody. The bill would incorporate additional changes to Section 35 of the Code of Civil Procedure proposed by AB 2839 to be operative only if this bill and AB 2839 are enacted and this bill is enacted last.
Chaptered by Secretary of State - Chapter 261, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 59. Noes 8.).
Assembly Rule 77 suspended.
Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 9.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 15).
Read second time and amended. Ordered returned to second reading.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 2).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (June 18). Re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 1. Page 5544.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 11. Noes 1.) (May 16).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 23).
Coauthors revised.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (April 10). Re-referred to Com. on JUD.
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
From printer. May be heard in committee March 16.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2655 | HTML |
| 02/14/24 - Introduced | |
| 03/21/24 - Amended Assembly | |
| 04/01/24 - Amended Assembly | |
| 04/24/24 - Amended Assembly | |
| 05/20/24 - Amended Assembly | |
| 06/11/24 - Amended Senate | |
| 07/03/24 - Amended Senate | |
| 08/15/24 - Amended Senate | |
| 08/23/24 - Amended Senate | |
| 08/31/24 - Enrolled | |
| 09/17/24 - Chaptered |
| Document | Format |
|---|---|
| 04/08/24- Assembly Elections | |
| 04/22/24- Assembly Judiciary | |
| 05/06/24- Assembly Appropriations | |
| 05/21/24- ASSEMBLY FLOOR ANALYSIS | |
| 06/14/24- Senate Elections and Constitutional Amendments | |
| 06/28/24- Senate Judiciary | |
| 08/02/24- Senate Appropriations | |
| 08/15/24- Senate Appropriations | |
| 08/19/24- Sen. Floor Analyses | |
| 08/26/24- Sen. Floor Analyses | |
| 08/28/24- ASSEMBLY FLOOR ANALYSIS |
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