Gavin Newsom threatens Elon Musk with legal action for sharing memes and deepfakes that 'hurt democracy'

Gavin Newsom continued his feud with Elon Musk Thursday, threatening to sue the Tesla CEO over his use of memes and deepfakes that he claims 'hurt democracy'. 

Musk accused Newsom of 'making parody illegal' after the governor signed three bills to crack down on the use of AI to create fake images in videos and political ads.

Newsom denied the idea that he was stopping parodies but attempted to lay down the law with the CEO of X, whom he referred to as a 'conservative blogger'.  

'I think Mr. Musk has missed the punchline, parody is still alive and well in California but deepfakes and manipulation of elections?' Newsom said. 'That hurts democracy and the integrity of the system and trust and we believe in truth and trust and we believe this law is sound and will be upheld in court.'

When asked if he would take legal action against Musk or other conservatives, he seemed unwilling to rule anything out. 

'The law asserts that many can seek injunction relief. I just signed the law and I haven't had a chance to review [any] specific lawsuit involving a conservative blogger', an apparent reference to Musk. 

Video of Newsom declaring the possibility of legal action against Musk made its way to the SpaceX chief, who simply responded on social media: 'Amazing'. 

Newsom signed America's toughest law banning political 'deepfakes' on Tuesday as he stood by his July vow to make digital manipulation of election content illegal.

It comes after Newsom publicly rebuked X-owner Elon Musk for sharing a post featuring altered images of Vice President and Democratic presidential nominee Kamala Harris. 

The new law, set to take effect immediately, makes it illegal to create and publish deepfakes related to elections 120 days before Election Day and 60 days thereafter.

It also allows courts to stop distribution of the materials and impose civil penalties.

'Safeguarding the integrity of elections is essential to democracy, and it's critical that we ensure AI is not deployed to undermine the public's trust through disinformation - especially in today's fraught political climate,' Newsom said in a statement.

'These measures will help to combat the harmful use of deepfakes in political ads and other content, one of several areas in which the state is being proactive to foster transparent and trustworthy AI.'

On July 29, Newsom took to X, formerly Twitter, vowing: 'Manipulating a voice in an 'ad' like this one should be illegal. I'll be signing a bill in a matter of weeks to make sure it is'.

Yesterday he shared the update, saying: 'I just signed a bill to make this illegal in the state of California. 

'You can no longer knowingly distribute an ad or other election communications that contain materially deceptive content -- including deepfakes'.

But Elon Musk fired back at the governor, posting a message on the platform that read: 'You're not gonna believe this, but @GavinNewsom just announced that he signed a LAW to make parody illegal, based on this video,' alongside two laughing emojis.

The video in question was the altered Kamala Harris campaign ad - a deepfake video using a manipulation of Harris' voice.

Musk also shared a post saying 'They are ACTUALLY trying to make posting memes ilegal. Vote them out,' in reference to the UK Labour party and the US Democrats.   

Large social media platforms are required to remove deceptive material under a first-in-the-nation law set to be enacted next year. 

But Newsom also signed a bill requiring political campaigns to publicly disclose if they are running ads with materials altered by AI.

The governor signed the bills to loud applause during a conversation with Salesforce CEO Marc Benioff at an event hosted the major software company during its annual conference in San Francisco.

The new laws reaffirm California's position as a leader in regulating AI in the US, especially in combating election deepfakes. 

The state was the first in the US to ban manipulated videos and pictures related to elections in 2019. 

Measures in technology and AI proposed by California lawmakers have been used as blueprints for legislators across the country, industry experts said.

With AI supercharging the threat of election disinformation worldwide, lawmakers across the country have raced to address the issue over concerns the manipulated materials could erode the public's trust in what they see and hear.

'With fewer than 50 days until the general election, there is an urgent need to protect against misleading, digitally-altered content that can interfere with the election,' Assembly member Gail Pellerin, author of the law banning election deepfakes, said in a statement. 

'California is taking a stand against the manipulative use of deepfake technology to deceive voters.'

The new California laws come the same day as members of Congress unveiled federal legislation aiming to stop election deepfakes. 

The bill would give the Federal Election Commission the power to regulate the use of AI in elections in the same way it has regulated other political misrepresentation for decades. 

The FEC has started to consider such regulations after outlawing AI-generated robocalls aimed to discourage voters in February.

Newsom has touted California as an early adopter as well as regulator of AI, saying the state could soon deploy generative AI tools to address highway congestion and provide tax guidance, even as his administration considers new rules against AI discrimination in hiring practices.

He also signed two other bills Tuesday to protect Hollywood performers from unauthorized AI use without their consent.

Following Musk's public slamming of Newsom's decision, concerns have been raised regarding the impact he could have on the US elections. 

Hours after an apparent attempt on Donald Trump's life over the weekend, Musk took to his social platform X to post a thinking emoji and a comment that 'no one is even trying to assassinate' the Democratic president and vice president.

In the midst of anti-Muslim riots in the UK - which were ginned up by a false rumor - Musk declared that 'civil war is inevitable' in the country.

And when an anonymous X user distorted data to claim a surge in sketchy voter registrations in three US states, Musk amplified the false post and called it 'extremely concerning.'

All three posts sparked quick backlash from public officials who called Musk's words irresponsible and misleading. 

As his words amass millions of views and thousands of shares, they also illustrate the ability of one of the world's most influential people to spread fear, hate and misinformation during fraught political moments around the world. 

That's especially true because he owns the social platform that used to be Twitter, giving Musk the authority to shape how its content reaches users.

Musk's inaccurate posts to his 200 million followers along with his site's lack of guardrails are raising concerns about how he could manipulate public trust as Election Day in the US draws nearer. 

He recently endorsed Trump's presidential bid and has become more personally invested in politics - even agreeing to lead a government efficiency commission if Trump wins reelection.

Trump gave a shoutout to Musk during an event on X Monday evening, basking in the tech billionaire's endorsement and referring to him as his 'friend.'

At the very least, experts and election officials worry that Musk could influence people to question the legitimacy of the vote. 

But they also are concerned his words could motivate threats and violence against election workers or candidates.

'X and Musk are raising the temperature of politics dangerously and irresponsibly at a critical moment,' said Heidi Beirich, co-founder of the Global Project Against Hate and Extremism.

'It's shameful.'