X, the social media platform owned by Elon Musk, has filed a lawsuit to block California’s new law targeting election-related deepfakes. The law, called Assembly Bill 2655 (AB 2655), is set to go into effect next year and requires large online platforms like X to either block or label deepfake content as “inauthentic, fake, or false” 120 days before and after elections. This legislation aims to curb the spread of misleading or deceptive media during election cycles, but X argues that it violates the First Amendment rights of users, particularly in the realm of political speech. The platform asserts that the law would hinder political expression and lead to excessive censorship, as it compels platforms to remove content based on its perceived authenticity, without clear guidelines on what constitutes harmful content.
In its lawsuit, X claims that the law would stifle free speech by discouraging the use of exaggerated or critical visual means to express political opinions. The company’s filing emphasizes that the First Amendment protects political speech, including potentially false content, when it involves criticism of government officials and candidates. X argues that this law could be used to suppress speech that critiques politicians, as it could be too easily categorized as misleading or deceptive. The platform also raises concerns about the lack of consequences for removing content that doesn’t violate the law, which could lead platforms to err on the side of over-censorship.
X also points out that it already has internal policies in place to moderate synthetic or manipulated media that could deceive or confuse users. However, the platform asserts that these policies allow for exceptions, such as memes, satire, and political commentary, which could be at risk under the new law. The company suggests that the broad language of the bill could undermine its ability to maintain a balanced approach to content moderation. X believes that, despite its efforts to prevent the spread of harmful content, the law’s scope is too wide and could restrict legitimate expression, particularly when it comes to political discourse.
The legal battle comes after California Governor Gavin Newsom signed three bills targeting deepfakes, in response to growing concerns over the impact of AI-generated content on elections. AB 2839, which went into effect immediately, made it illegal to distribute materially deceptive media related to candidates. While AB 2655 requires platforms to actively manage such content, a federal judge recently blocked AB 2839 from taking effect, citing potential violations of the First Amendment. This lawsuit by X reflects broader tensions between regulating harmful digital content and protecting free speech, especially in the politically charged context of deepfake media. The outcome of this case could set a significant precedent for how digital platforms are expected to handle election-related content in the future.
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