Tenancy: digitally altered images: disclosure.

In new Civil Code Section 1940.11(a)(2)(A), the definition of 'digitally altered image' was simplified from 'an image created by or at the direction of a person that has been altered or created that meets either of the following conditions' to simply 'an image that meets either of the following conditions.' The sub-conditions still require the image be generated or altered 'by or at the direction of a person,' so this is primarily a clarifying edit removing redundant language.

Section 1940.11(d) was changed from 'This section does not alter or abridge the Attorney General's enforcement of any law pertaining to false or misleading advertising' to 'This section does not alter or abridge any law pertaining to false or misleading advertising.' This removes the specific reference to the Attorney General and preserves all existing false or misleading advertising laws broadly, potentially allowing other enforcement actors (private parties, other agencies) to rely on those laws alongside this new statute.

Section 10175.4 of the Business and Professions Code was removed entirely. It had stated that a violation of Section 1940.11 of the Civil Code by a licensee would be deemed a violation of the licensing part of the B&P Code. This enforcement mechanism is redundant because subsection (c) of the new Civil Code section already provides that a licensed person who violates it shall be deemed to have violated their licensing law.

The definition of 'digitally altered image' in Section 1940.11 (Civil Code) was restructured from a single broad definition into two distinct conditions: (i) images fully generated through artificial intelligence software, and (ii) existing images that have been altered through photo editing software or AI to add, remove, or change elements. This makes it explicit that purely AI-generated images (not based on any original photograph) are covered.

Minor language corrections throughout, including fixing a duplicated word ('a link link, URL, or QR code' corrected to 'a link, URL, or QR code') and renumbering sections after the removal of old Section 2.

The definition of 'digitally altered image' in Section 1940.11 (Civil Code) was expanded from images that 'have been altered through the use of photo editing software or artificial intelligence' to images that have been 'altered or created' through such means. This brings fully AI-generated images and renderings within the scope of the disclosure requirements.

The disclosure requirement in Section 1940.11(b)(1) was simplified: it no longer requires the initial statement to include a link, URL, or QR code to the unaltered image. Now paragraph (1) only requires a conspicuous disclosure that the image has been altered, while the unaltered image and access requirements are handled separately in paragraph (2).

The requirement to make the unaltered image available (Section 1940.11(b)(2)) was restructured. The old version only required it when the advertisement was posted on an internet website over which the person had control. The new version applies the requirement more broadly to advertisements and promotional material generally, with compliance possible via a link, URL, or QR code.

New subdivision (c) of Section 1940.11 provides that a person licensed under Division 4 of the Business and Professions Code who violates the section shall be deemed to have violated their licensing law, creating a direct professional discipline pathway.

New subdivision (d) of Section 1940.11 clarifies that the section does not alter or abridge the Attorney General's enforcement of any law pertaining to false or misleading advertising, preserving existing consumer protection authority alongside the new specific requirements.

Section numbering was corrected (the old version had a duplicate 'SEC. 2' designation). Page numbers were updated from 98 to 97. Minor grammatical and formatting cleanup throughout, including consistent use of 'link, URL, or QR code' phrasing.

New Section 1 amends Business and Professions Code Section 10140.8 to require real estate brokers, salespersons, or persons acting on their behalf to disclose digitally altered images in advertisements for the sale of real property, including a link to the unaltered image. This extends coverage beyond just rental (which was the original scope).

The bill now amends existing law (Section 10140.8 of the Business and Professions Code) in addition to adding new sections, rather than solely adding new provisions as in the introduced version.

Section 10140.8(c) exempts advertisements for leaseholds exceeding one year's duration from the new sale-related disclosure requirements, meaning those long-term leases would instead fall under the rental provisions of Civil Code Section 1940.11.

New subsection (b)(2)(B) in Civil Code Section 1940.11 exempts images, architectural renderings, or artistic renderings that were not originally created through a capture device from the requirement to include the unaltered version on a website the person controls.