Yesterday, California Gov. Gavin Newsom (D) signed two anti-deepfake bills into law that prohibit the distribution of deepfakes related to elections and require social media platforms to label and provide mechanisms to report them.
The laws allow victims and politicians to now sue if companies don’t enforce the new regulation.
But many online see the new laws as a means to outlaw memes.
Deepfakes, especially those relating to the upcoming presidential election, are incredibly prevalent on social media—and they’ve even been posted by influential actors like X CEO Elon Musk and former President Donald Trump’s campaign manager Chris LaCivita. It’s also worth noting that not all deepfakes become memes, though some do.
Now, social media users are panicking that California’s deepfake laws might become a blueprint for similar statutes nationwide, claiming that the legislation impinges on their freedom of speech.
Though the law does not apply to content that is satire or parody, many online are claiming it does.
And to rebut it, they are sharing the deepfake of Vice President Kamala Harris that prompted the bill.
“This Kamala Harris deepfake is now ILLEGAL under California law,” an X user tweeted, alongside a deepfake video that includes Vice President Kamala Harris’s voice saying that she is a “diversity hire” who is in cahoots with the “deep state.”
“That darn First Amendment doesn’t let them ban it [federally], but those fascists like Newsom will try,” they added.
The deepfake of Harris, which was originally shared by Musk, was decreed by Newsom. Though the bills were already in the works, Newsom used the video to tout his plan to sign the bill in July.
“Manipulating a voice in an ‘ad’ like this one should be illegal,” Newsom tweeted at the time. “I’ll be signing a bill in a matter of weeks to make sure it is.”
“This is an amazing video/meme,” another X user tweeted about the same deepfake. “It has sparked mass censorship and a new totalitarian law by the communist left and people’s republic of California… The law criminalizes certain political memes. The law could force 𝕏 to ban this video. The left HATES freedom of speech.”
“California’s New Bill Could Censor Memes!” another X user tweeted alongside a comic of a police officer holding a phone showing a meme. “‘Defending Democracy from Deepfake Deception Act’ could make it illegal to share certain memes during election periods if they’re deemed deceptive or damaging to a political candidate’s reputation.”
“Free speech officially banned in California,” another X user said. “@GavinNewsom signed bill AB2655 banning the use of A.I. generated images which can be deceptive. Meaning no more jokes or memes or satire. Or even just expressing your feelings or concerns. It’s a massive attack on the first amendment.”
Similar claims were also made about banning memes in relation to recent news in the United Kingdom police arrested a man recently for Facebook comments.
Newsom and California are both hot-button topics in conservative circles, as many right-wingers claim Newsom is a radical liberal who is ruining the state.
Musk himself tweeted yesterday that he moved X’s headquarters out of California because Newsom wants to “ban free speech.”
“Hard to be a free speech platform,” Musk said, “in a state that wants to ban free speech.”
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