A federal judge ruled in favor of billionaire Elon Musk and his X social media platform in their challenge to a California law that banned AI-generated, deepfake content related to elections.
The law required social media companies to remove deepfake content related to elections within 72 hours of reporting. Musk and the company joined the suit in November, citing free speech concerns.
Judge John Mendez cited federal rules for online platforms in his ruling. He said that the law violated Section 230 of the Communications Decency Act, which protects online platforms from liability for what users post on their sites.
“They don’t have anything to do with these videos that the state is objecting to,” Mendez wrote.
He did not give an opinion on the free speech arguments from the plaintiffs.
Gov. Gavin Newsom (D-CA) signed the legislation into law last year after Musk and Trump supporters shared a fake video of then-Vice President Kamala Harris before the election. The law came as there have been increased concerns about the quick advancement of artificial intelligence and its impacts on political candidates.
During the 2024 election, deepfake robocalls impersonating former President Joe Biden were reported in New Hampshire. The FCC proposed a $6 million fine against the Democratic consultant behind the calls, and the perpetrator was indicted on over a dozen counts of voter suppression and impersonating a candidate.
Newsom spokesperson Tara Gallegos said the office “remain[s] convinced that commonsense labeling requirements for deep fakes are important to maintain the integrity of our elections,” as they review the decision.
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Mendez said he would move to overrule a second related law, which would require labels on digitally altered campaign posts and ads, for violating free speech protections.
The video’s creator, Christopher Kohls, originally filed the lawsuit against Musk, X, and two right-wing platforms, Rumble and Babylon Bee, later joining the suit.