Cal. Business and Professions Code - BPC § 22757. Section 22757.
This chapter shall be known as the California AI Transparency Act.
CHAPTER 25. AI Transparency Act [22757. - 22757.6.]
Cal. Business and Professions Code - BPC 25.
in effectCal. Business and Professions Code - BPC § 22757.1. Section 22757.1.
As used in this chapter:
(a)
“Artificial intelligence” or “AI” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(b)
“Capture device” means a device that can record photographs, audio, or video content, including, but not limited to, video and still photography cameras, mobile phones with built-in cameras or microphones, and voice recorders.
(c)
(1)
“Capture device manufacturer” means a person who produces
a capture device for sale in the state.
(2)
“Capture device manufacturer” does not include a person exclusively engaged in the assembly of a capture device.
(d)
“Covered provider” means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.
(e)
“Digital signature” means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section.
(f)
“Generative
artificial intelligence system” or “GenAI system” means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s training data.
(g)
“GenAI hosting platform” means an internet website or application that makes available for download the source code or model weights a generative artificial intelligence system by a resident of the state, regardless of whether the terms of that use include compensation.
(h)
(1)
“Large online platform” means a public-facing social media platform, file-sharing platform, mass messaging platform,
or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months.
(2)
“Large online platform” does not include either of the following:
(A)
A broadband internet access service, as defined in Section 3100 of the Civil Code.
(B)
A telecommunications service, as defined in Section 153 of Title 47 of the United States Code.
(i)
“Latent” means present but not manifest.
(j)
“Manifest” means easily perceived, understood, or recognized by a natural person.
(k)
“Mass messaging platform” means a direct messaging platform that allows users to distribute content to more than 100 users simultaneously.
(l)
“Metadata” means structural or descriptive information about data.
(m)
“Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code.
(n)
(1)
“Personal provenance data” means provenance data that contains either
of the following:
(A)
Personal information.
(B)
Unique device, system, or service information that is reasonably capable of being associated with a particular user.
(2)
“Personal provenance data” does not include information contained within a digital signature.
(o)
“Provenance data” means data that is embedded into digital content, or that is included in the digital content’s metadata, for the
purpose of verifying the digital content’s authenticity, origin, or history of modification.
(p)
“System provenance data” means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:
(1)
Information regarding the type of device, system, or service that was used to generate a piece of digital content.
(2)
Information related to content authenticity.
Cal. Business and Professions Code - BPC § 22757.2. Section 22757.2.
(a)
A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria:
(1)
The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered provider’s GenAI system.
(2)
The tool outputs any system provenance data that is detected in the content.
(3)
The tool does not output any personal provenance data that is
detected in the content.
(4)
(A)
Subject to subparagraph (B), the tool is publicly accessible.
(B)
A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system.
(5)
The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content.
(6)
The tool
supports an application programming interface that allows a user to invoke the tool without visiting the covered provider’s internet website.
(b)
A covered provider shall collect user feedback related to the efficacy of the covered provider’s AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.
(c)
A covered provider shall not do any of the following:
(1)
(A)
Except as provided in subparagraph (B), collect or retain personal information from users of the covered provider’s AI detection tool.
(B)
(i)
A covered provider may collect and retain the contact information
of a user who submits feedback pursuant to subdivision (b) if the user opts in to being contacted by the covered provider.
(ii)
User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered provider’s AI detection tool.
(2)
Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section.
(3)
Retain any personal provenance data from content submitted to the AI detection tool by a user.
Cal. Business and Professions Code - BPC § 22757.3. Section 22757.3.
(a)
A covered provider shall offer the user the option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered provider’s GenAI system that meets all of the following criteria:
(1)
The disclosure identifies content as AI-generated content.
(2)
The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person.
(3)
The disclosure is permanent or extraordinarily difficult to remove, to the extent it is
technically feasible.
(b)
A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered provider’s GenAI system that meets all of the following criteria:
(1)
To the extent that it is technically feasible and reasonable, the disclosure conveys all of the following information, either directly or through a link to a permanent internet website:
(A)
The name of the covered provider.
(B)
The name and version number of the GenAI system that created or altered the content.
(C)
The time and date of the content’s creation or alteration.
(D)
A unique identifier.
(2)
The disclosure is detectable by the covered provider’s AI detection tool.
(3)
The disclosure is consistent with widely accepted industry standards.
(4)
The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.
(c)
(1)
If a covered provider licenses its GenAI system to a third
party, the covered provider shall require by contract that the licensee maintain the system’s capability to include a disclosure required by subdivision (b) in content the system creates or alters.
(2)
If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 96 hours of discovering the licensee’s action.
(3)
A third-party licensee shall cease using a licensed GenAI system after the license for the system has
been revoked by the covered provider pursuant to paragraph (2).
Cal. Business and Professions Code - BPC § 22757.3.1. Section 22757.3.1.
(a)
A large online platform shall do all of the following:
(1)
Detect whether any provenance data that is compliant with widely adopted specifications adopted by an established
standards-setting body is embedded into or attached to content distributed on the large online platform.
(2)
(A)
Provide a user interface to disclose the availability of system provenance data that reliably indicates that the content was generated or substantially altered by a GenAI system or captured by a capture device.
(B)
The user interface required by this paragraph shall make clearly and conspicuously available to users information sufficient to identify the content’s authenticity, origin, or history of modification, including, but not limited to, all of the following:
(i)
Whether provenance data is available.
(ii)
The name of the GenAI system or capture device that created or substantially altered the content, if
applicable.
(iii)
Whether any digital signatures are available.
(3)
Allow a user to inspect all available system provenance data that is compliant with widely adopted specifications adopted by an established standards-setting body in an easily accessible manner by any of the following means:
(A)
Directly through the large online platform’s user interface pursuant to paragraph (2).
(B)
Allow the user to download a version of the content with its attached system provenance data.
(C)
Provide a link to the content’s system provenance data displayed on an internet website or in another application provided either by the large online platform or a third party.
(b)
A large online platform shall not, to the extent technically feasible, knowingly strip any system provenance data or digital signature that is compliant with widely adopted specifications adopted by an established standards-setting body from content uploaded or distributed on the large online platform.
(c)
This section shall become operative on January 1, 2027.
Cal. Business and Professions Code - BPC § 22757.3.2. Section 22757.3.2.
(a)
A GenAI system hosting platform shall not knowingly make available a GenAI system that does not place disclosures pursuant to Section 22757.3.
(b)
This section shall become operative on January 1, 2027.
Cal. Business and Professions Code - BPC § 22757.3.3. Section 22757.3.3.
(a)
A capture device manufacturer shall, with respect to any capture device the capture device manufacturer first produced for sale in the state on or after January 1, 2028, do both of the
following:
(1)
Provide a user with the option to include a latent disclosure in content captured by the capture device that conveys all of the following information:
(A)
The name of the capture device manufacturer.
(B)
The name and version number of the capture device that created or altered the content.
(C)
The time and date of the content’s creation or alteration.
(2)
Embed latent disclosures in content captured by the device by default.
(b)
A capture device manufacturer shall comply with this section only to the extent technically feasible and compliant with widely adopted specifications adopted by an established standards-setting body.
(c)
This section shall become operative on January 1, 2028.
Cal. Business and Professions Code - BPC § 22757.4. Section 22757.4.
(a)
(1)
A violator of this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed by the Attorney General, a city attorney, or a county counsel.
(2)
A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorney’s costs and fees.
(b)
Each day that a covered provider, large online platform, or capture device manufacturer is in violation of this chapter shall be deemed a discrete violation.
(c)
For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a county counsel, or a city attorney may bring a civil action for both of the following:
(1)
Injunctive relief.
(2)
Reasonable attorney’s fees and costs.
Cal. Business and Professions Code - BPC § 22757.5. Section 22757.5.
This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences.
Cal. Business and Professions Code - BPC § 22757.6. Section 22757.6.
This chapter shall become operative on August 2, 2026.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026