California AI Transparency Act (SB 942 / AB 853)
California · Cal. Bus. & Prof. Code § 22757 et seq. · effective 2026-08-02 · Original Jan 1, 2026 date was delayed to Aug 2, 2026 by AB 853, which also added duties for large online platforms (operative Jan 1, 2027; § 22757.3.1), GenAI hosting platforms (Jan 1, 2027; § 22757.3.2) and capture device makers (Jan 1, 2028; § 22757.3.3).
Summary
Three tiers. From Aug 2, 2026, providers of generative AI systems with over one million monthly users (§ 22757.3) must offer a free AI-detection tool, embed latent (machine-readable) provenance disclosures in generated images, audio and video, and offer an optional visible label. From Jan 1, 2027, large online platforms (social media, file-sharing, mass messaging and search services with over two million monthly users; § 22757.3.1) must detect standards-based provenance data in content they distribute, show users whether content was AI-generated or camera-captured and let them inspect the data, and must not strip provenance data or digital signatures. From Jan 1, 2028, cameras and phones sold in California must embed provenance by default (§ 22757.3.3). Small businesses are not obligated parties, but AI images and video they post to large platforms will be labeled by those platforms, and content they publish should keep any provenance data their tools attach.
Who must comply
Generative-AI providers with 1M+ monthly users; large online platforms with 2M+ monthly users; GenAI hosting platforms; capture device manufacturers. Indirectly, any business publishing AI-generated media.
What you must disclose
Latent provenance disclosures in AI-generated media; optional manifest labels; platform display of provenance to users from 2027.
When: At generation (providers, from Aug 2, 2026); at distribution (large platforms, from Jan 1, 2027); at capture (devices sold from Jan 1, 2028).
Other duties
- Do not strip provenance metadata or digital signatures from AI-generated media you publish; check that your website or CMS keeps them on upload.
- Expect AI-made images and video posted to Instagram, YouTube, TikTok and similar to carry a visible provenance label from 2027, and decide what your own site says about the same content.
Exemptions
- Providers under the 1M monthly-user threshold.
- Platforms under the 2M monthly-user threshold; broadband and telecommunications services.
Penalties
$5,000 per violation; each day in violation is a separate violation. Injunctive relief and attorney's fees available.
Enforced by: California Attorney General, city attorneys, county counsel.
Triggered by
Sources
- Cal. Bus. & Prof. Code § 22757.1 (definitions)
- Cal. Bus. & Prof. Code § 22757.3.1 (large online platforms)
- Cal. Bus. & Prof. Code § 22757.4 (enforcement)
- AB 853 (2025) bill text
Last reviewed 2026-09-20. Not legal advice.