STAND. COM. REP. NO. 2113

Honolulu, Hawaii

RE: S.B. No. 2076

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Labor and Technology, to which was referred S.B. No. 2076 entitled:

"A BILL FOR AN ACT RELATING TO PUBLICITY RIGHTS,"

begs leave to report as follows:

The purpose and intent of this measure is to protect a person's right to publicity from artificial intelligence deepfakes by including "artificial intelligence deepfake" in the definition of "likeness" that is protected under state law governing publicity rights.

Your Committee received testimony in support of this measure from SAG-AFTRA Hawaii Local and two individuals.

Your Committee received comments on this measure from the Recording Industry Association of America.

Your Committee finds that generative artificial intelligence can replicate a person's voice and appearance with considerable accuracy. Your Committee further finds that artificial intelligence possessing this capacity may be used to impersonate or deceive a reasonable person. Your Committee also finds that without any legal protections prohibiting the usage of artificial intelligence to replicate a person's appearance or voice, members of the public are vulnerable to identity theft and digital exploitation. Your Committee additionally finds that generative artificial intelligence capable of accurately replicating a person's voice and appearance poses a threat to the State's film and media industry as screen actors, voice actors, radio artists, and other performers face the possibility of being replaced by a digital replica or having their reputations tarnished by unauthorized content generated by artificial intelligence. This measure protects a person's right to publicity from artificial intelligence deepfakes.

Your Committee has amended this measure by:

(1) Replacing the term "artificial intelligence deepfake" that would have been included in the definition of "likeness" with "digital replica", which is a term used in other state laws protecting publicity rights and the federal Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act;

(2) Inserting a definition of "digital replica" that captures harmful, unauthorized, highly realistic deep fakes without inadvertently affecting common music remixing and mastering techniques;

(3) Inserting a definition of "voice" that is used in the definition of "digital replica" to ensure that voice protections match those for visual likeness;

(4) Deleting the definition of "artificial intelligence", as the term in no longer used in the measure;

(5) Inserting an effective date of January 1, 2077, to encourage further discussion; and

(6) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2076, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2076, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor and Technology,

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BRANDON J.C. ELEFANTE, Chair