AB 730

  • California Assembly Bill
  • 2019-2020 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 09, 2019
  • Passed Senate Sep 13, 2019
  • Signed by Governor Oct 03, 2019

Elections: deceptive audio or visual media.

Abstract

Existing law prohibits a person or specified entity from, with actual malice, producing, distributing, publishing, or broadcasting campaign material, as defined, that contains (1) a picture or photograph of a person or persons into which the image of a candidate for public office is superimposed or (2) a picture or photograph of a candidate for public office into which the image of another person or persons is superimposed, unless the campaign material contains a specified disclosure. This bill would, until January 1, 2023, instead prohibit a person, committee, or other entity, within 60 days of an election at which a candidate for elective office will appear on the ballot, from distributing with actual malice materially deceptive audio or visual media of the candidate with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate, unless the media includes a disclosure stating that the media has been manipulated. The bill would restore the existing provisions described above on January 1, 2023. The bill would define "materially deceptive audio or visual media" to mean an image or audio or video recording of a candidate's appearance, speech, or conduct that has been intentionally manipulated in a manner such that the image or audio or video recording would falsely appear to a reasonable person to be authentic and would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content of the image or audio or video recording than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio or video recording. The bill would authorize, until January 1, 2023, a candidate for elective office whose voice or likeness appears in audio or visual media distributed in violation of this section to seek injunctive or other equitable relief prohibiting the distribution of the deceptive audio or visual media. It would also authorize a candidate whose voice or likeness appears in the deceptive audio or visual media to bring an action for general or special damages against the person, committee, or other entity that distributed the media, and would authorize the court to award a prevailing party reasonable attorney's fees and costs. The bill would provide exemptions for all of the following: (1) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast materially deceptive audio or visual media, (2) materially deceptive audio or visual media that constitutes satire or parody, (3) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts materially deceptive audio or visual media as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure that there are questions about the authenticity of the materially deceptive audio or visual media, and (4) an internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes the materially deceptive audio or visual media, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate.

Bill Sponsors (2)

Votes


Actions


Oct 03, 2019

California State Legislature

Chaptered by Secretary of State - Chapter 493, Statutes of 2019.

California State Legislature

Approved by the Governor.

Sep 25, 2019

California State Legislature

Enrolled and presented to the Governor at 3:30 p.m.

Sep 13, 2019

Assembly

Joint Rule 62(a), file notice suspended. (Page 3552.)

Assembly

Re-referred to Com. on E. & R. pursuant to Assembly Rule 77.2.

  • Referral-Committee
Com. on E. & R. pursuant to Assembly Rule 77.2.

Assembly

In Assembly. Concurrence in Senate amendments pending.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 7. Page 2926.).

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 4. Page 3569.).

Assembly

From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 0.) (September 13).

Sep 11, 2019

Senate

Read second time. Ordered to third reading.

Sep 10, 2019

Senate

Joint Rule 61 suspended. (Ayes 28. Noes 8. Page 2733.)

Senate

Read third time and amended. Ordered to second reading.

Aug 13, 2019

Senate

Read second time and amended. Ordered to third reading.

Aug 12, 2019

Senate

From committee: Amend, and do pass as amended. (Ayes 6. Noes 2.) (July 9).

Jul 03, 2019

Senate

Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Jul 02, 2019

Senate

From committee: Do pass and re-refer to Com. on RLS. (Ayes 3. Noes 1.) (July 2). Re-referred to Com. on RLS.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on RLS.

Jun 25, 2019

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on E. & C.A.

Jun 19, 2019

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
  • Amendment-Introduction
Com. on E. & C.A.

Jun 12, 2019

Senate

In committee: Set, second hearing. Hearing canceled at the request of author.

May 29, 2019

Senate

In committee: Set, first hearing. Hearing canceled at the request of author.

May 22, 2019

Senate

Referred to Com. on E. & C.A.

  • Referral-Committee
Com. on E. & C.A.

May 09, 2019

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1587.)

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 02, 2019

Assembly

Read second time. Ordered to Consent Calendar.

May 01, 2019

Assembly

From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (May 1).

Feb 28, 2019

Assembly

Referred to Com. on E. & R.

  • Referral-Committee
Com. on E. & R.

Feb 20, 2019

Assembly

From printer. May be heard in committee March 22.

Feb 19, 2019

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB730 HTML
02/19/19 - Introduced PDF
06/19/19 - Amended Senate PDF
06/25/19 - Amended Senate PDF
08/13/19 - Amended Senate PDF
09/10/19 - Amended Senate PDF
09/19/19 - Enrolled PDF
10/03/19 - Chaptered PDF

Related Documents

Document Format
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Sources

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