WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
(a) 1 Any person whose image or likeness is used or depicted by synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction that, to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.Section 1(e)(3) in published obsceneObscene"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1) materialMaterial"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1) without such person having expressly consented in writing to such use or depiction may bring an action in an appropriate state court against the producer, promoter or intentional possessor of such obsceneObscene"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1) materialMaterial"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1).
(b) In any action brought under this section, the prevailing plaintiff shall recover: (1) Actual damages; (2) punitive damages in an amount equal to the total amount of revenue received by the defendant related to the publication of the obsceneObscene"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1) materialMaterial"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1); and (3) reasonable attorney fees and court costs.
(c) It shall be an affirmative defense to any action brought under this section that the plaintiff expressly consented in writing to the use or depiction of such plaintiff's image or likeness as specifically used in the published obsceneObscene"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1) materialMaterial"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1).
(d) It shall not be a defense to any action brought under this section that the image or likeness of the plaintiff used or depicted in the published obsceneObscene"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1) materialMaterial"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1) is generated using artificial intelligence and is not the actual image or likeness of the plaintiff.
(e) As used in this section: (1) "ObsceneObscene"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1)" and "materialMaterial"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1)" mean the same as defined in K.S.A. 21-6401, and amendments thereto; (2) "publishPublish"publish" means to make available to one or more persons for viewing, listening or other method of consuming such material regardless of whether for profit or free of charge.Section 1(e)(2)" means to make available to one or more persons for viewing, listening or other method of consuming such materialMaterial"Obscene" and "material" mean the same as defined in K.S.A. 21-6401, and amendments thereto.Section 1(e)(1) regardless of whether for profit or free of charge; and (3) "synthetic mediaSynthetic media"synthetic media" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction that, to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.Section 1(e)(3)" means an image, an audio recording or a video recording of an individual's appearance, speech or conduct that has been intentionally manipulated with the use of generative artificial intelligence techniques or other digital technology in a manner that creates a realistic but false or inaccurate image, audio or video that produces: (A) A depiction that, to a reasonable individual, is of a real individual in appearance, action or speech but that did not actually occur in reality; and (B) a fundamentally different understanding or impression of the appearance, action or speech than a reasonable person would otherwise have from the unaltered, original version of the image, audio recording or video recording.
(f) This section shall be known and may be cited as the protection against deep fakes act.
Section 1 is the sole operative section of the bill. It creates a private right of action for any person whose image or likeness is depicted by synthetic media in published obscene material without their express written consent. Defendants are the producer, promoter, or intentional possessor of the material. The remedies are mandatory for prevailing plaintiffs: actual damages, punitive damages pegged to the defendant's revenue from publication, and attorney fees.
The section expressly eliminates the defense that the depicted image is AI-generated rather than real, closing a potential loophole that would otherwise distinguish deepfakes from traditional non-consensual intimate imagery. Written consent to the specific depiction is the sole affirmative defense. The definitions section borrows the obscene standard from Kansas criminal law (K.S.A. 21-6401) and defines synthetic media broadly to cover any AI-manipulated image, audio, or video that would mislead a reasonable person.
This act shall take effect and be in force from and after its publication in the statute book.
Standard Kansas effective-date provision. The act takes effect upon publication in the Kansas statute book, rather than on a fixed calendar date.