Existing law makes it unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim.
Existing law makes it unlawful for healing arts licensees, as specified, to disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image in order to induce the provision of services or products in connection with their licensed professional practice or business. Existing law makes a violation of these provisions punishable as a misdemeanor and, in the case of a licensed person, provides that a violation constitutes unprofessional conduct and grounds for suspension or revocation of a license by the relevant board.
Existing law makes a person who produces, distributes, or makes available the digital replica, as defined, of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording without specified prior consent liable to any injured party in an amount equal to the greater of $10,000 or the actual damages suffered by a person controlling the rights to the deceased personality's likeness, except as prescribed.
This bill would, subject to specified exceptions, require a person who creates or causes to be created an advertisement that includes the image, audio, or video of a digital replica or synthetic performer depicted as a health care provider that is generated or substantially altered using artificial intelligence or other computer technology to promote the sale of a health-related consumer product or service to include a clear and conspicuous disclosure that the image, audio, or video, as applicable, of the person in the advertisement was generated or substantially altered by artificial intelligence and that no human health care provider is depicted. The bill would also define terms for its purposes.
This bill would authorize the Attorney General, a district attorney, or a natural person whose digital replica is used in an advertisement to bring a civil action to enforce these provisions, and would provide that a violation of the bill does not constitute a misdemeanor.