AB 853 · § 22757.3.1
AB 853: platforms, hosts and capture devices
Updated 16 October 2026. Bus. & Prof. Code, Chapter 25 (§ 22757 et seq.), as amended by AB 853, SB 1000 and AB 2713. Last change: SB 1000 and AB 2713 signed, 30 September 2026.
AB 853 reaches the services that distribute content, host models and capture media. AB 2713 revised the platform duties.
Large online platforms
- Detect provenance data in content they distribute
- Show whether provenance data or a signature is present
- Let users inspect provenance data
- Do not knowingly strip it
GenAI hosting platforms
Must not knowingly offer a generative AI system that lacks the required latent disclosure.
Capture device manufacturers
Must let users add a latent disclosure and device provenance data to what they capture.
Platform duties in full§ 22757.3.1, as amended by AB 2713
As amended by AB 2713, a large online platform must detect provenance data in content it distributes; show in its interface whether system provenance data or a digital signature is present and the name of the generative AI system or capture device; and let users inspect the provenance data in the platform's interface, through a link to a website or app (including one operated by a third party), or by download. It must not, to the extent technically feasible, knowingly strip provenance data or digital signatures from content uploaded, distributed or downloaded. It need not act on provenance data that is not compliant or interoperable with widely adopted specifications from an established standards-setting body.
Sources: AB 853, chaptered text; summaries by Troutman and Hintze Law. Platform duties as amended by AB 2713, chaptered text (§ 22757.3.1).
Common questions
When do the AB 853 large online platform duties start?
1 January 2027, as amended by AB 2713.
What must a large online platform do under AB 853?
Detect provenance data in content it distributes, show in its interface whether system provenance data or a digital signature is present, let users inspect the provenance data, and not knowingly strip provenance data or digital signatures, to the extent technically feasible.
What is a GenAI hosting platform?
A platform that makes generative AI systems available for download. From 1 January 2027 it must not knowingly make available a generative AI system that does not include the latent disclosure required of a covered provider.
When do the capture device duties start?
1 January 2028. Capture device manufacturers must give users the option to include a latent disclosure, and provenance data reflecting the device's authenticity, in captured content.
Other sections
Who is covered
Anyone producing a generative AI system the public can use in California, whatever its size. The exemptions are narrow.
Who is covered → § 22757.3(a)The latent disclosure
The hidden label image, video and audio output must carry, field by field.
The five fields → § 22757.2, § 22757.3(b)Verification tool and licensees
The free tool anyone can use to check your content, and the 72-hour licensee clock.
Tool and licensees → ComparisonSB 942 vs EU AI Act
The California and EU marking rules row by row: who, what, labels, detection, dates and penalties.
Side by side → TimelineDates and penalties
Every operative date from 2024 to 2029, and the $5,000 per day civil penalty.
Dates and penalties →