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 | 2026-06-28 |
| Official source | EPIC case tracker: Kohls v. Bonta (AB 2839 litigation) ↗ |
More AI rules in California
- CCPA/CPRA + ADMT Regulations · In effect
- AB 2013 (Training Data Transparency) · In effect
- SB 942 (AI Transparency Act) · Enacted (not yet in effect)
- SB 53 (Frontier AI Safety) · In effect
- AB 602 (Deepfake Intimate Images) · In effect
- SB 1120 (CA Physicians Make Decisions Act) · In effect
Related deepfakes rules elsewhere
- TAKE IT DOWN Act · In effect
- TCPA (AI voice calls) · In effect
- DEFIANCE Act (deepfake-porn civil suits) · Proposed / pending
- ELVIS Act · In effect
- HB 919 (AI Political Ad Disclaimers) · In effect
- SB 5152 (Election Synthetic Media) · In effect
See something wrong or out of date? Submit a correction — every entry must carry a verifiable official source.