Deepfake pornography.

Assembly Members Bauer-Kahan and Berman's legislation expands California's legal framework addressing digitally manipulated sexually explicit content, establishing new causes of action and heightened penalties for creators and distributors of non-consensual deepfake pornography. The bill grants depicted individuals the right to sue when their images are used without consent or when they were minors at the time of creation, while also extending liability to those who knowingly facilitate or aid in prohibited conduct.

The measure increases maximum statutory damages from $30,000 to $50,000 for standard violations and from $150,000 to $250,000 for malicious violations. Service providers face a presumption of knowing facilitation if they continue enabling deepfake pornography services more than 30 days after receiving evidence of violations. Public prosecutors gain authority to pursue civil enforcement without proving actual harm, with available penalties including injunctive relief and civil fines up to $25,000 per violation.

The legislation maintains existing exemptions for law enforcement activities, legal proceedings, and matters of legitimate public concern while clarifying that disclaimers about lack of consent do not shield violators from liability. Internet service providers retain protection from liability for merely transmitting third-party content. Plaintiffs must file claims within three years of discovering unauthorized use of their image.