PARODY SPAT: Newsom signs bills banning ‘deepfakes’ and ‘disinformation’ in elections; Musk fires back by sharing viral parody video of Kamala Harris

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From Breitbart: California Gov. Gavin Newsom (D) signed two bills on Tuesday aimed at banning “deepfakes” — digitally manipulated video or images — of candidates before elections, as well as at prohibiting digital “disinformation” during elections.

The controversial legislation has been described as a direct response to X owner Elon Musk, who shared a deepfake parody of Vice President Kamala Harris, which combined real quotes with a fake but convincing Harris voiceover.

The two bills, AB 2655 and AB 2839, are related. The first requires “large online platforms” to “block the posting of materially deceptive content related to elections in California, during specified periods before and after an election.”

It also bars “materially deceptive content,” which is defined as “audio or visual media that is digitally created or modified, and that includes, but is not limited to, deepfakes.” That could, in theory, include a broad range of political speech — such as Kamala Harris’s false claims that former President Donald Trump once praised neo-Nazis, a claim known as the “very fine people hoax.”

The second bill targets deepfakes,  which show “[a] candidate for any federal, state, or local elected office in California portrayed as doing or saying something that the candidate did not do or say if the content is reasonably likely to harm the reputation or electoral prospects of a candidate.” There are exceptions for satire, parody, and news reporting, as long as the “deepfake” is accompanied by a disclaimer.

An AI-generated “Kamala Harris campaign ad” parody video, posted on social media back in July, already has over 43 million views. X owner Elon Musk had shared the video.

Newsom announced on Tuesday, “I just signed a bill to make this illegal in the state of California. You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content — including deepfakes.”

Elon Musk responded by re-posting the video again Tuesday evening, which gave it another 18 million views.

He wrote, “The governor of California just made this parody video illegal in violation of the Constitution of the United States. Would be a shame if it went viral.”

“Oh no he’s gonna put you in MEME PRISON,” joked journalist Ian Miles Cheong.

“At least my cellmates in meme prison will have a sense of humor 😂,” retorted Musk.

Journalist George Behizy weighed in weighed in:

I’m almost certain this very post will be used in court as “evidence” so I want to take this opportunity to speak to the judge that will be overseeing the case… Parody is our God-given right. The government cannot force social media sites to violate 1A on its behalf

Justice Sotomayor wrote in a unanimous SCOTUS decision that “Today, the Court reaffirms what it said then: Government officials cannot attempt to coerce private parties in order to punish or suppress views that the government disfavors.”

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