HB2137

PART I

SECTION 1. The legislature finds that deepfake technology enables the realistic digital imitation of an individual's voice, face, likeness, and performance. The legislature further finds that malicious uses of deepfake technology have been documented in identity theft, fraud, election interference, cyberbullying, and non-consensual pornography. Victims often face reputational, financial, and emotional harm, with detection rates for the use of deepfake imitations as low as sixty-two per cent even among experts.

The legislature additionally finds that federal law addresses limited scenarios of the malicious use of deepfake technology, including explicit content targeting minors, but leaves broad gaps in consumer and reputational protection. Furthermore, the legislature finds that the State has a compelling interest in preventing fraud, identity theft, defamation, and emotional distress while also protecting lawful speech. Moreover, the legislature finds that it is important to protect Hawaii residents from identity-based harm caused by the malicious use of artificial intelligence (AI) and synthetic media while safeguarding constitutional rights to free expression, parody, satire, and journalism.

Therefore, the purpose of this part is to:

(1) Prohibit certain harmful uses of AI-generated likenesses;

(2) Mandate disclosure for realistic AI depictions; and

(3) Provide civil remedies for individuals injured by unauthorized uses of AI.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ARTIFICIAL INTELLIGENCE; DIGITAL IMITATION; PERSONAL LIKENESS; PROTECTIONS

§ -1 Definitions. As used in this chapter:

"Artificial intelligence" or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to:

(1) Perceive real and virtual environments;

(2) Abstract perceptions of real and virtual environments into models through analysis in an automated manner; and

(3) Use model inference to formulate opinions for information or action.

"Consent" means express, written permission from a depicted individual or the depicted individual's authorized representative.

"Digital imitation" means any AI-generated or computer-synthesized depiction, audio, or video that realistically appears to portray an actual individual's voice, face, likeness, or performance.

"Distribute" means to convey information by any means.

"Harm" includes reputational injury, financial loss, emotional distress, or misappropriation of identity for commercial gain.

"Realistic" means so lifelike that a reasonable person would believe that a depiction, audio, or video that appears to portray an actual individual's voice, face, likeness, or performance is authentic.

§ -2 Prohibited acts. It shall be unlawful for any person to knowingly create, publish, or distribute a realistic digital imitation of an identifiable individual without that individual's consent if:

(1) It is used in connection with a commercial transaction or advertisement;

(2) It is likely to cause harm;

(3) It falsely implies endorsement or authorship; or

(4) It is used to commit fraud, defamation, harassment, or other unlawful acts.

§ -3 Disclosure; requirement. (a) Any realistic digital imitation that is publicly distributed shall include a clear and conspicuous disclosure that it is generated or altered by artificial intelligence, unless exempted by section -4.

(b) The disclosure required under subsection (a) shall be:

(1) Visible for video depictions or images;

(2) Audible for audio recordings; and

(3) Expressed in plain language, such as "This is an AI-generated depiction and not an authentic recording of [person].").

§ -4 Exemptions. This chapter shall not apply to content generated or altered by artificial intelligence that is:

(1) A form of parody, satire, commentary, or political expression, as permitted by law; provided that:

(A) It includes a clear disclosure that it is fictional or a parody; and

(B) It is not intended, and could not reasonably be foreseen, to deceive a reasonable person into believing that it is authentic;

(2) News reporting, where the content generated or altered by artificial intelligence is used to illustrate a story and is clearly disclosed as altered or simulated; and

(3) An artistic or educational use, where the content is clearly labeled and no harm is intended or reasonably foreseeable.

§ -5 Civil actions; civil remedies. (a) If:

(1) A realistic digital imitation is made of an individual without the individual's consent; and

(2) The realistic digital imitation is not exempted under section -4,

the individual or the individual's estate, for up to ten years after the death of the individual, may bring an action for civil remedies pursuant to subsection (b).

(b) In accordance with subsection (a), an individual or an individual's estate may bring a civil action for:

(1) Injunctive relief, including an order to remove or cease distribution of the realistic digital imitation;

(2) Monetary damages of up to $50,000 per violation;

(3) Recovery of actual damages, including for reputational injury and emotional distress;

(4) Punitive damages, where malice is proven; and

(5) Reasonable attorney's fees and court costs.

(c) A cause of action for injunctive or other equitable relief may be brought by the attorney general in instances in which the distribution of realistic digital imitations involves broad public interest or widespread harm. This subsection shall not be construed to limit the right of an individual or individual's estate, if applicable, to bring a civil action pursuant to subsection (b).

(d) This section shall not limit or preclude the individual or individual's estate, if applicable, from pursuing any other available remedy.

(e) This chapter shall apply to the fullest extent permitted by federal law."

PART II

SECTION 3. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

ARTIFICIAL INTELLIGENCE; SYNTHETIC PERFORMERS;

ADVERTISING; DISCLOSURE

§ -1 Definitions. As used in this chapter:

"Artificial intelligence", "artificial intelligence technology", or "AI" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to:

(1) Perceive real and virtual environments;

(2) Abstract perceptions of real and virtual environments into models through analysis in an automated manner; and

(3) Use model inference to formulate opinions for information or action.

"Artificial intelligence", "artificial intelligence technology", or "AI" includes but is not limited to systems that use machine learning, large language model, natural language processing, and computer vision technologies, including generative artificial intelligence.

"Generative artificial intelligence" means a class of artificial intelligence models that are self-supervised and emulate the structure and characteristics of input data to generate derived synthetic content, including but not limited to images, videos, audio, text, and other digital content.

"Synthetic performer" means a digitally created asset created, reproduced, or modified by computer, using generative artificial intelligence or a software algorithm, that is intended to create the impression that the asset is engaging in an audiovisual or visual performance of a human performer who is not recognizable as any identifiable natural performer.

§ -2 Advertising. Any person engaged in the business of dealing in any property or service who for any commercial purpose produces or creates an advertisement with respect to the property or service, in any medium or media in which the advertisement appears, shall conspicuously disclose in the advertisement that a synthetic performer is in the advertisement, where the person has actual knowledge.

§ -3 Non-applicability of this chapter. (a) This chapter shall not apply to advertisements and promotional materials for expressive works, including but not limited to motion pictures, television programs, streaming content, documentaries, video games, or other similar audiovisual works; provided that the use of a synthetic performer in the advertisement or promotional material is consistent with its use in the expressive work.

(b) This chapter shall not apply to advertisements and promotional materials under any of the following conditions:

(1) Audio advertisements; or

(2) Where the use of artificial intelligence solely involves the language translation of a human performer.

(c) This chapter shall not apply to any medium used for advertising, including but not limited to newspapers, magazines, television networks and stations, streaming services, cable television systems, and transit advertisements, by whom any advertisement or solicitation in violation of this chapter is published or disseminated.

(d) Nothing in this chapter shall be construed to limit or expand the protections conferred by 47 U.S.C. section 230 on an interactive computer service for content provided by another information content provider.

§ -4 Civil penalties. Any person who violates this chapter shall be civilly fined:

(1) $1,000 for a first violation; and

(2) $5,000 for a second and any subsequent violation."

PART III

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2137
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII