What Is The Babylon Bee and Why Are They Suing California Over Newsom’s Deepfake Law?
The Babylon Bee is suing the state of California, arguing that the legislation threatens First Amendment free speech protections. | Credit: Ralph Orlowski / Getty Images.
Key Takeaways
- California Governor Gavin Newsom approved a trio of bills designed to prevent the spread of misinformation.
- Critics of the legislation argue that the new laws threaten freedom of expression.
- The Babylon Bee is suing the state of California to block one of the bills.
A trio of California bills aimed at curbing deepfake election interference are at the center of a debate around freedom of expression and satire on the internet.
The Babylon Bee, a satirical news site, is suing the state of California, arguing that the legislation threatens First Amendment free speech protections.
Gavin Newsom’s Deepfake Bills
Introduced to the California legislature by Democratic lawmakers in early 2024, AB-2355 , AB-2655 and AB-2839 target political deepfakes and deceptive media.
The bills gained the support of Gavin Newsom over the summer when the governor had a public spat with Elon Musk after Musk shared a deepfake video of Kamala Harris.
On Sept. 17, Newson approved all three bills, which were then formally chaptered by Secretary of State Shirley Weber.
However, on Monday, Sept. 30, The Babylon Bee filed a lawsuit to block two of them.
The bill mandates large online platforms, defined as those with over one million California users, to block or label any “materially deceptive content” related to elections during specific periods before and after elections.
The Babylon Bee
The Babylon Bee is a right-wing satirical news site that publishes tongue-in-cheek headlines mostly related to politics and religion.
Fans of The Bee include Elon Musk, who said he was turned on to the site after becoming disillusioned by The Onion’s slide to the left (The Babylon Bee is like The Onion for Christian conservatives).
The latest lawsuit targets bill AB-2839, which prohibits the distribution of deceptive, digitally altered, or AI-generated media about candidates, election officials, or voting processes 120 days before an election and 60 days after. It also takes aim at AB-2655, which requires social media platforms to block “materially deceptive content” around election time.
Criticism of California Fake News Bill
While AB-2655 and AB-2839 state that satire is exempt from their provisions, The Babylon Bee’s sister news outlet, Not The Bee, questioned whether regulators could be trusted to fairly distinguish parody from disinformation. As the publication wrote : “The line between comedy and ‘deceptive material’ is going to be defined by the same people who define what ‘hate crimes’ are.
Arguing that California’s deepfake regulations are “a Trojan horse to suppress free speech,” the article expressed concern that they would disproportionately censor conservative perspectives.
The recent complaint isn’t the first time The Babylon Bee has acted against what it perceives as the suppression of right-wing voices online. Previously, it has attempted to block California’s anti-hate speech bill AB-587, which owner Seth Dillon described as a “censorship bill”. Dillon also filed a legal brief with the Supreme Court, arguing that various efforts to counter disinformation are being used to suppress free speech.
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