Official Summary Text
SB 1146, as amended, Gonzalez.
Advertisement claims: health-related consumer products and services: digital replicas and synthetic performers.
Existing
unfair competition laws make various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. 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 a person who violates specified false advertising provisions liable for a civil penalty, as specified, and provides that a person who violates those false advertising provisions is guilty of a misdemeanor.
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,
would
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
health care provider depicted
in the advertisement was generated or substantially altered by artificial intelligence
and
or
that no human health care provider is depicted. The bill would also define terms for its purposes.
This bill would
provide that a violation of its provisions constitutes a violation of specified unfair competition and false advertising laws. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would also
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
provisions. The bill
would
provide
specify
that a violation of the bill does not constitute a
misdemeanor.
misdemeanor under provisions regulating healing arts licensees.
The California Constitution requires the
state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.