CA AB 2655 (struck down)

California AB 2655 — Defending Democracy from Deepfake Deception Act (STRUCK DOWN — permanently enjoined Aug. 2025; State appeal filed)
CA · Cal. AB 2655 (Ch. 261, Stats. 2024), Cal. Elec. Code §§ 20510–20520; Kohls v. Bonta, No. 2:24-cv-02527 (E.D. Cal. Aug. 20, 2025) (final judgment and permanent injunction; appeal noticed Sept. 19, 2025)

Status
Blocked / in litigation
Took effect
January 1, 2025
Applies to
Large online platforms (permanently enjoined / State stipulated non-enforcement)
Enforced by
Would have been: California Attorney General, district attorneys, city attorneys; candidates/officials had injunctive standing

California AB 2655 would have required large online platforms (1 million+ California users) to block or label materially deceptive AI-generated election content during set windows around California elections. It is NOT enforceable: on August 20, 2025 a federal court in Kohls v. Bonta (E.D. Cal.) entered final judgment and a permanent injunction holding the law violates and is preempted by Section 230 of the Communications Decency Act, and the State agreed not to enforce AB 2655 against any online service provider. California filed a notice of appeal on September 19, 2025.

Who is protected: California voters, candidates and election officials (law not enforceable while the judgment stands)

Legal detail

AB 2655 (Ch. 261, Stats. 2024; signed Sept. 17, 2024; non-urgency, so operative Jan. 1, 2025) added Cal. Elec. Code §§ 20510–20520: a 'large online platform' (>= 1,000,000 California users in the preceding 12 months) had to block materially deceptive content depicting candidates, elected officials or elections officials from 120 days before an election through Election Day (60 days after for elections-official content) and label such content from six months before through Election Day, plus provide a California-resident reporting mechanism; the AG, district attorneys, city attorneys, candidates and officials could seek injunctive or other equitable relief on clear and convincing evidence (no damages). LITIGATION: Kohls v. Bonta, No. 2:24-cv-02527-JAM-CKD (E.D. Cal., consolidated with X Corp. and Rumble suits). Judge Mendez ruled from the bench Aug. 5, 2025, granting plaintiffs summary judgment because AB 2655 'violates and is preempted by' 47 U.S.C. § 230; ECF 98 (Aug. 20, 2025) entered the Order and Final Judgment and Permanent Injunction as to AB 2655 in favor of X Corp. and Rumble. ECF 100 (stipulation, Aug. 2025): Defendants shall not enforce AB 2655 in its entirety against any provider of an interactive computer service (47 U.S.C. § 230(f)(2)); First Amendment claims not reached. ECF 106 (Sept. 19, 2025): notice of appeal by Bonta and Weber as to ECF 98. The companion AB 2839 was separately struck (ECF 101, Aug. 29, 2025).

Key facts

JurisdictionCA
LevelState
EnactedSeptember 17, 2024
CitationCal. AB 2655 (Ch. 261, Stats. 2024), Cal. Elec. Code §§ 20510–20520; Kohls v. Bonta, No. 2:24-cv-02527 (E.D. Cal. Aug. 20, 2025) (final judgment and permanent injunction; appeal noticed Sept. 19, 2025)
Private right of actionYes, individuals can sue
PenaltiesInjunctive or other equitable relief only (no statutory damages) — not currently enforceable
Topicsdeepfakes · election deepfakes
Court recordKohls v. Bonta, No. 2:24-cv-02527 (E.D. Cal.), ECF 98 — Order and Final Judgment and Permanent Injunction as to AB 2655 (Aug. 20, 2025)

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