California Governor Signs AI Deepfake Bills Backed by Actors Union into Law

California Governor Gavin Newsom signed two bills on Tuesday that would require the consent of actors and actresses before digital copies can be made and used. Bills AB2602 and AB1836 also aim to protect both living and dead actors from unauthorized deep-pocketed counterfeiters created by AI.

Last year, the use of artificial intelligence became a major sticking point in negotiations between SAG-AFTRA and the Motion Picture and Television Producers (AMPTP). Discussions ranged over a number of issues, including protecting background actors—allowing studios to create digital avatars for future use—given a day's pay and receiving residual payments from distribution platforms.

Those issues led to a months-long strike that brought Hollywood productions to a standstill. In November, after talks continued, an agreement was reached between the two groups, which SAG-AFTRA said established detailed informed consent and compensation protections for the use of AI.

The new laws seem to strengthen actors' rights. Originally introduced in September 2023 by Assemblymember Ash Kalra (D-San Jose), CA Assembly Bill 2602 would require contracts to identify when AI-generated copies are created and clearly state the circumstances under which these copies will be used. The bill, which requires actors to have legal representation when entering into AI-related rights contracts, did not specify the penalty for violating the new law.

“We talk about California being the state of dreamers and doers,” Newsom said in a video post on X. “A lot of dreamers come to California, but sometimes they're not well represented and [SAG-AFTRA] And the bill I just signed is making sure that no one gives their name, image, or likeness to people without representation and association.

Introduced by Assemblymember Rebecca Bauer-Kahan (D-Orinda), CA Assembly Bill 1836 would prohibit the creation of digital copies of deceased actors and actresses for commercial purposes without the consent of the deceased's estate. Violators face at least $10,000 in damages.

SAG-AFTRA, which has been negotiating with studios over the use of artificial intelligence and the use of video game actors' voices and likenesses, welcomed the new law.

“AB 1836 and AB 2602 represent the most important legislation that prioritizes the rights of individuals in the age of AI,” SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland said in a statement. “No one should have to live in fear of being someone else's unpaid digital puppet.”