WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
The legislature finds that deepfake technology enables the realisticRealistic"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.§ -1 (Part I, new chapter) 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 harmHarm"Harm" includes reputational injury, financial loss, emotional distress, or misappropriation of identity for commercial gain.§ -1 (Part I, new chapter), 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 harmHarm"Harm" includes reputational injury, financial loss, emotional distress, or misappropriation of identity for commercial gain.§ -1 (Part I, new chapter) caused by the malicious use of artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter) (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 realisticRealistic"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.§ -1 (Part I, new chapter) AI depictions; and (3) Provide civil remedies for individuals injured by unauthorized uses of AI.
Section 1 provides the legislative findings motivating Part I of the bill. It documents the harms caused by deepfake technology — identity theft, fraud, election interference, cyberbullying, and non-consensual pornography — and notes that federal law leaves broad gaps in consumer and reputational protection. The legislature asserts a compelling interest in preventing fraud, identity theft, defamation, and emotional distress while protecting First Amendment rights to parody, satire, and journalism.
As used in this chapter: "Artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter)" 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. "ConsentConsent"Consent" means express, written permission from a depicted individual or the depicted individual's authorized representative.§ -1 (Part I, new chapter)" means express, written permission from a depicted individual or the depicted individual's authorized representative. "Digital imitationDigital imitation"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.§ -1 (Part I, new chapter)" 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. "DistributeDistribute"Distribute" means to convey information by any means.§ -1 (Part I, new chapter)" means to convey information by any means. "HarmHarm"Harm" includes reputational injury, financial loss, emotional distress, or misappropriation of identity for commercial gain.§ -1 (Part I, new chapter)" includes reputational injury, financial loss, emotional distress, or misappropriation of identity for commercial gain. "RealisticRealistic"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.§ -1 (Part I, new chapter)" 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.
This section establishes the defined terms for the new chapter on digital imitation protections. Key definitions include digital imitation (any AI-generated or computer-synthesized depiction, audio, or video that realistically appears to portray an actual individual), consent (express, written permission), and realistic (so lifelike that a reasonable person would believe it authentic). These definitions set the scope of the prohibitions, disclosure requirements, and civil remedies in the remaining sections of the chapter.
1 It shall be unlawful for any person to knowingly create, publish, or distributeDistribute"Distribute" means to convey information by any means.§ -1 (Part I, new chapter) a realisticRealistic"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.§ -1 (Part I, new chapter) digital imitation of an identifiable individual without that individual's consentConsent"Consent" means express, written permission from a depicted individual or the depicted individual's authorized representative.§ -1 (Part I, new chapter) if the imitation: (1) Is used in connection with a commercial transaction or advertisement; (2) Is likely to cause harmHarm"Harm" includes reputational injury, financial loss, emotional distress, or misappropriation of identity for commercial gain.§ -1 (Part I, new chapter); (3) Falsely implies endorsement or authorship; or (4) Is used to commit fraud, defamation, harassment, or other unlawful acts.
This section establishes the core prohibition: it is unlawful for any person to knowingly create, publish, or distribute a realistic digital imitation of an identifiable individual without consent if the imitation falls into one of four categories — commercial use, likely to cause harm, false endorsement, or furtherance of fraud, defamation, harassment, or other unlawful acts. The knowledge requirement (knowingly) applies to the act of creation, publication, or distribution; harm or deceptive intent is addressed through the four triggering categories. The prohibition is broad, covering any person rather than a defined class of covered entities.
(a)–(b) 2 Any realisticRealistic"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.§ -1 (Part I, new chapter) digital imitationDigital imitation"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.§ -1 (Part I, new chapter) that is publicly distributed shall include a clear and conspicuous disclosure that it is generated or altered by artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter), 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].").
This section imposes a disclosure obligation on any person who publicly distributes a realistic digital imitation: the content must include a clear and conspicuous disclosure that it is generated or altered by AI. The disclosure must be visible for video and images, audible for audio, and expressed in plain language (a suggested template is provided). The obligation is subject to the exemptions in § -4, which cover parody, satire, news reporting, and educational/artistic uses where appropriate labeling is already present.
(1)–(2) This chapter shall not apply to: (1) Newspapers, magazines, television networks and stations, streaming services, cable television systems, or transit advertisements; or (2) Content generated or altered by artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter) that is: (A) A form of parody, satire, commentary, or political expression, as permitted by law; provided that the content: (i) Includes a clear disclosure that it is fictional or a parody; and (ii) Is not intended, and could not reasonably be foreseen, to deceive a reasonable person into believing that it is authentic; (B) News reporting, where the content generated or altered by artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter) is used to illustrate a story and is clearly disclosed as altered or simulated; and (C) An artistic or educational use, where the content is clearly labeled and no harmHarm"Harm" includes reputational injury, financial loss, emotional distress, or misappropriation of identity for commercial gain.§ -1 (Part I, new chapter) is intended or reasonably foreseeable.
This section carves out several categories from the chapter's prohibitions and disclosure requirements. Traditional media outlets (newspapers, magazines, television networks, streaming services, cable systems, and transit advertisements) are exempt entirely. AI-generated content that constitutes parody, satire, commentary, or political expression is exempt if it includes a clear disclosure that it is fictional or a parody and could not reasonably be foreseen to deceive. News reporting is exempt where the AI content is clearly disclosed as altered or simulated. Artistic or educational uses are exempt where clearly labeled and no harm is intended or reasonably foreseeable. These exemptions define the outer boundary of the chapter's reach and reflect First Amendment considerations.
(a)–(b) If: (1) A realisticRealistic"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.§ -1 (Part I, new chapter) digital imitationDigital imitation"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.§ -1 (Part I, new chapter) is made of an individual without the individual's consentConsent"Consent" means express, written permission from a depicted individual or the depicted individual's authorized representative.§ -1 (Part I, new chapter); and (2) The realisticRealistic"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.§ -1 (Part I, new chapter) digital imitationDigital imitation"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.§ -1 (Part I, new chapter) 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 realisticRealistic"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.§ -1 (Part I, new chapter) digital imitationDigital imitation"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.§ -1 (Part I, new chapter); (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 realisticRealistic"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.§ -1 (Part I, new chapter) digital imitationsDigital imitation"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.§ -1 (Part I, new chapter) involves broad public interest or widespread harmHarm"Harm" includes reputational injury, financial loss, emotional distress, or misappropriation of identity for commercial gain.§ -1 (Part I, new chapter). 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)–(e) 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.
This section establishes the enforcement framework for the digital imitation protections. An individual (or their estate, for up to ten years after death) may bring a civil action for injunctive relief, monetary damages up to $50,000 per violation, actual damages including reputational injury and emotional distress, punitive damages where malice is proven, and reasonable attorney's fees and court costs. The attorney general may separately pursue injunctive or equitable relief where distribution involves broad public interest or widespread harm. The section preserves the right to pursue any other available remedy and states the chapter applies to the fullest extent permitted by federal law.
As used in this chapter: "Artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter)", "artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter) 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 intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter)", "artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter) 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 intelligenceGenerative 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.§ -1 (Part II, new chapter). "Generative artificial intelligenceGenerative 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.§ -1 (Part II, new chapter)" means a class of artificial intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter) 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 performerSynthetic performer"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.§ -1 (Part II, new chapter)" means a digitally created asset created, reproduced, or modified by computer, using generative artificial intelligenceGenerative 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.§ -1 (Part II, new chapter) 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.
This section defines the terms for the new chapter on synthetic performers in advertising. The definition of artificial intelligence is slightly broader than the Part I definition, explicitly listing machine learning, large language models, natural language processing, and computer vision. Generative artificial intelligence is defined as self-supervised AI models that generate derived synthetic content. The critical defined term is synthetic performer — a digitally created asset intended to create the impression of a human performer who is not recognizable as any identifiable natural person. This distinguishes synthetic performers from digital imitations of real individuals addressed in Part I.
3 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 performerSynthetic performer"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.§ -1 (Part II, new chapter) is in the advertisement, where the person has actual knowledge.
This section imposes the sole operative obligation of Part II: any person dealing in property or services who produces or creates a commercial advertisement must conspicuously disclose when a synthetic performer appears in that advertisement. The obligation is limited to situations where the person has actual knowledge that the advertisement contains a synthetic performer, making constructive knowledge insufficient. The disclosure must appear in the medium in which the advertisement is presented.
(a)–(d) 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 performerSynthetic performer"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.§ -1 (Part II, new chapter) 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 intelligenceArtificial intelligence"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.§ -1 (Part I, new chapter) 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 title 47 United States Code section 230 on an interactive computer service for content provided by another information content provider.
This section narrows Part II's scope through a series of exemptions. Advertisements for expressive works (motion pictures, television programs, streaming content, documentaries, video games) are exempt if the synthetic performer's use is consistent with the underlying work. Audio-only advertisements and advertisements where AI is used solely for language translation of a human performer are also exempt. Traditional media outlets are exempt from liability for publishing or disseminating a violating advertisement. The section also expressly disclaims any expansion or limitation of Section 230 protections under federal law.
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.
This section establishes the civil penalty schedule for violations of the synthetic performer advertising disclosure requirement: $1,000 for a first violation and $5,000 for each subsequent violation. The section does not specify an enforcement body or mechanism for assessing these fines.
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.
Standard severability provision. If any provision of the Act or its application to any person or circumstance is held invalid, the remaining provisions remain in effect.
This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
Standard savings clause providing that the Act does not affect rights, duties, penalties, or proceedings that arose before its effective date.
This Act shall take effect on July 1, 3000.
The Act carries a placeholder effective date of July 1, 3000 — a standard Hawaii legislative convention indicating the bill is still being developed and the effective date will be amended in a subsequent committee draft before final passage.