California Attorney General Rob Bonta has issued a stern reminder to major social media and artificial intelligence (AI) companies regarding their legal obligations under state law to prevent voter misinformation and intimidation. In a letter sent on September 11, 2024, Bonta addressed executives from eight major tech firms, including Alphabet Inc., Meta Platforms, Inc., Microsoft, OpenAI, TikTok, X Corp., Reddit, and YouTube. The letter emphasizes the role these platforms play in disseminating election information to millions of Californians and highlights the importance of preventing the misuse of their services in the lead-up to the 2024 elections.
Bonta’s letter underscores existing California laws that prohibit deceptive practices, particularly those related to voter intimidation and misinformation. He reminds companies that content generated on their platforms—including that created by AI tools—must comply with state laws designed to protect voter rights. He also urged these companies to step up their efforts in content moderation and report suspected violations to law enforcement.
“Millions of Californians rely on social media and artificial intelligence services to obtain news and information about upcoming elections,” Bonta said. “We cannot allow bad actors, whether foreign or domestic, to continue to threaten the sanctity of our democracy.”
The letter highlights a growing concern over the spread of false and misleading information on social media platforms, as well as the increasing ability of AI-generated content to deceive voters. Bonta cited a troubling example from January 2024, where thousands of New Hampshire voters received an AI-generated robocall impersonating President Joe Biden, telling them their votes would not “make a difference.” This type of malicious activity, Bonta argues, could have serious consequences for the upcoming election if not properly addressed by the platforms involved.
The Attorney General also expressed concern over the recent reduction in content moderation efforts by social media companies, pointing out that many platforms have eased or even eliminated internal policies designed to combat misinformation. “Many social media platforms have eased or eliminated their internal content-moderation policies,” Bonta wrote, stressing that improvements in generative AI have only made it easier for users to create and spread deceptive content.
Bonta’s letter outlines several key provisions in California’s Elections Code that prohibit interference with voting rights. This includes intentionally misleading voters about their eligibility to vote, where and when they can vote, and even using coercion or intimidation to influence voting behavior. Violations of these laws can result in significant penalties, including felony charges for vote-buying or attempts to deceive voters with false information.
The letter also highlights a relatively new provision in the Elections Code that specifically targets the distribution of “deceptive audio or visual media” within 60 days of an election. This law, passed in response to the growing influence of AI and deepfake technology, makes it illegal to distribute false media that could deceive voters or damage a candidate’s reputation. Offenders could face fines, lawsuits, and other legal consequences under this statute.
In his letter, Bonta urged companies to work closely with the California Department of Justice to identify and prevent voter deception. He acknowledged the voluntary efforts made by some companies to address these concerns but emphasized the need for a coordinated effort to ensure that AI and social media technologies are not misused during the election season.
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