HB2137 SD1

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:

"Advertisement" means a message published in any medium with the primary purpose of promoting, directly or indirectly, a product, service, or commercial transaction.

"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 highly realistic AI-generated depiction, audio, or video that is derived from or based upon identifying characteristics of an actual, particular individual and portrays that individual's voice, face, likeness, or performance.

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

"Publish" means to display, present, or release to the public, or cause to be displayed, presented, or released to the public.

"Realistic" means so lifelike that a reasonable person would believe that the depiction, audio, or video portraying an actual, particular individual's voice, face, or likeness is authentic.

§ -2 Prohibited acts. It shall be unlawful for any person to knowingly publish a realistic digital imitation of an identifiable individual with the knowledge that the individual did not consent if the imitation:

(1) Is used in connection with an advertisement;

(2) Causes a reputational injury, financial loss, emotional distress, or the misappropriation of identity for commercial gain; or

(3) Is used to commit fraud, defamation, harassment, or other criminal acts.

§ -3 Disclosure; requirement. (a) Any realistic digital imitation that is published without the depicted individual's consent 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;

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

(3) A non-commercial artistic or educational use, where the content is clearly labeled pursuant to section -3 and no harm is intended or reasonably foreseeable; and

(4) Any other use protected by the First Amendment of the United States Constitution or article I, section 4, of the Hawaii State Constitution.

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

(1) A realistic digital imitation of an individual is published in violation of section -2 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); provided that nothing in this section shall be construed to extend the period of limitation under chapter 657 applicable to the action in this subsection.

(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 $25,000 per advertisement or recovery of actual damages, including for reputational injury and emotional distress;

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

(4) Reasonable attorneys' 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.

§ -6 Application. (a) Except as provided in subsection (b), this chapter shall apply to the fullest extent permitted by federal law.

(b) This chapter shall not apply to any medium used for the publication or dissemination of third-party content, including but not limited to newspapers, magazines, television networks and stations, streaming services, cable television systems, and transit advertisements, by whom any advertisement in violation of this chapter is disseminated; provided that this exemption shall apply only to the medium's role in publishing or disseminating the third-party content and shall not be construed to exempt the underlying conduct regulated by this chapter.

(c) Nothing in this chapter shall be construed to limit or expand the protections conferred by title 47 United States Code section 230 on an interactive computer service for content provided by another information content provider."

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:

"Advertisement" means a message published in any medium with the primary purpose of promoting, directly or indirectly, a product, service, or commercial transaction.

"Artificial intelligence" 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" includes but is not limited to systems that use machine learning, large language models, 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.

"Materially deceptive manner" means the presentation of a synthetic performer in an advertisement in a manner that:

(1) Deceptively presents the synthetic performer as a real person using their name or biographical details and recounting that person's own personal experience with a product or service; or

(2) Deceptively states that the synthetic performer holds a specific professional license, certification, degree, or institutional affiliation, including but not limited to stating that the synthetic performer is a licensed physician, attorney, scientist, or financial advisor.

"Synthetic performer" means a highly realistic digital asset created, reproduced, or modified by computer, using generative artificial intelligence or a software algorithm and 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 that uses a synthetic performer with respect to the property or service, shall conspicuously disclose in any medium or media in which the advertisement appears, that a synthetic performer is in the advertisement, where the person has actual knowledge that a synthetic performer is used in a materially deceptive manner in the advertisement.

§ -3 Non-applicability of this chapter. (a) This chapter shall not apply to any medium used for the publication or dissemination of third-party content, 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 the publication or dissemination of third-party content, including but not limited to newspapers, magazines, television networks and stations, streaming services, cable television systems, and transit advertisements, by which any advertisement in violation of this chapter is published or disseminated; provided that this exemption shall apply only to the medium's role in publishing or disseminating the third-party content and shall not be construed to exempt the underlying advertising conduct regulated by this chapter.

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

§ -4 Civil penalties. The attorney general shall enforce and assess civil penalties against any person who violates this chapter as follows:

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

(2) $5,000 for a second or 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 on January 1, 2077.

HOUSE OF REPRESENTATIVES	H.B. NO.	2137
THIRTY-THIRD LEGISLATURE, 2026		H.D. 3
STATE OF HAWAII		S.D. 1