Elections: Deceptive AI Media in Advertisements (AB 2839) — BLOCKED BY COURTS
California · Cal. Elec. Code § 20012 (AB 2839); Kohls v. Bonta, E.D. Cal.
This law banned knowingly distributing materially deceptive AI-generated deepfakes of candidates and election officials in the months around an election. Federal courts blocked it on First Amendment grounds, and it is currently unenforceable.
Technical detail
Cal. Elec. Code § 20012 prohibited distribution of materially deceptive audio/visual election media 120 days before an election; preliminarily enjoined Oct. 2, 2024 and held unconstitutional on summary judgment Aug. 29, 2025 in Kohls v. Bonta (E.D. Cal.).
Who is protected: Voters, candidates, and election officials (currently unenforceable)
Who must comply: Persons and committees distributing election communications in California (currently unenforceable)
Key facts
| Jurisdiction | California |
|---|---|
| Level | State |
| Status | Blocked / in litigation |
| Protection strength | Limited protection |
| Effective date | 2024-09-17 |
| Enacted | 2024-09-17 |
| Citation | Cal. Elec. Code § 20012 (AB 2839); Kohls v. Bonta, E.D. Cal. |
| Enforced by | Courts via civil actions (currently blocked) |
| Private right of action | Yes — individuals can sue |
| Penalties | Injunctive relief, damages, attorney's fees (currently unenforceable) |
| Topics | deepfakes · election deepfakes · AI-generated images |
| Last verified | 2026-07-05 |
| Official source | EPIC case tracker: Kohls v. Bonta (AB 2839 litigation) ↗ |
More AI rules in California
- CA EO N-6-26 (AI Workforce) · In effect
- California AB 489 (AI healthcare chatbot misrepresentation ban) · In effect
- X.AI v. Bonta (AB 2013 training-data disclosure) · Blocked / in litigation
- CA SB 1298 (2012 AV authorization) · In effect
- CA AB 856 (2015 drone trespass) · In effect
- California Bot Disclosure Act (bots must self-identify in sales/election messaging) · In effect
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · In effect
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- NY AG · In effect
- MI SOS Deepfake Election Policy · In effect
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