California Attorney General urges social media and AI giants to tackle election misinformation

California Attorney General Rob Bonta has issued a demand to social media and artificial intelligence (AI) firms to combat the spread of election-related false content. Bonta in a letter directed to the heads of eight big platforms, including Meta, X Corp, and OpenAI, stated that misleading content is against the law in California and that measures must be taken as soon as possible.

Bonta’s letter dated 11 September 2024, highlights the increasing concerns about AI and social media’s role in spreading misleading information ahead of the forthcoming presidential elections. His call comes amid the rising concern about the potential misuse of generative AI to produce false content that would interfere with elections.

False election information is misleading voters

Bonta said in the letter that misinformation about voting, such as incorrect information on when they can vote and where, could confuse many voters in California. He mentions the frightening example of New Hampshire voters in January 2024 receiving robocalls with AI impersonating President Biden telling people their vote ”will not make any difference.” The attorney general insisted that such strategies may violate California election laws which prohibit discouragement, deception, or intimidation of the voter.

The letter further touches on the lessening of content moderation policies on several social media platforms, which in Bonta’s view, promotes unchecked dissemination of fake news related to elections. He urged companies to educate their staff about identifying and reporting unlawful actions to law enforcement pointing out that their platforms are essential in the information environment.

California cracks down on deceptive election practices

Bonta’s letters placed corporations on notice of their responsibilities under the California Election Code. It is unlawful to frighten voters, misrepresent the voting time or location, or alter the behavior of the voters by the use of threats. Bonta’s letter insists that these activities are illegal whether disseminated through social media posts or artificial intelligence.

The Attorney General also pointed out particular legal provisions concerning misleading audio or visual media specifically those aimed at candidates. In this regard, California law defines distributing deliberately altered media as a criminal offense that aims at voting deception, especially within the 60 days before any elections. Platforms that overlook such content may also face the law as these practices tarnish the fairness of the electoral process.

Bonta’s letter also mentions the current legal action concerning election interference. Earlier in 2024, the California Department of Justice carried out legal actions against local and statewide initiatives that allegedly infringed voting rights. In one such example, Bonta lodged a case against Fresno County for a proposition that shifted the elections of important positions from the presidential elections cycle. He also joined a number of other attorneys general in opposing election-related measures in Delaware and Mississippi.