WHAT THIS BILL REGULATES · 5 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.
A As used in this Section, these terms shall have the following definitions ascribed to them, unless the context indicates otherwise: (1) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments. (2) "Foreign country of concernForeign country of concern"Foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Republic of Cuba, including any agency of or any other entity under significant control of a foreign country of concern.R.S. 38:2320.21(A)(2)" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Republic of Cuba, including any agency of or any other entity under significant control of a foreign country of concernForeign country of concern"Foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Republic of Cuba, including any agency of or any other entity under significant control of a foreign country of concern.R.S. 38:2320.21(A)(2).
B 1 This state or a political subdivision shall not enter into, modify, renew, or extend a contract with an entity to provide artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) technology, software, or products, including as a portion of or an option to the products or services provided under the contract, unless the entity provides this state or that political subdivision with an affidavit signed by an officer or a representative of the entity attesting that the entity does not meet any of the following criteria: (1) The entity is owned by the government of a foreign country of concernForeign country of concern"Foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Republic of Cuba, including any agency of or any other entity under significant control of a foreign country of concern.R.S. 38:2320.21(A)(2). (2) A government of a foreign country of concernForeign country of concern"Foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Republic of Cuba, including any agency of or any other entity under significant control of a foreign country of concern.R.S. 38:2320.21(A)(2) has a controlling interest in the entity. (3) The entity is organized under the laws of or has its principal place of business in a foreign country of concernForeign country of concern"Foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Republic of Cuba, including any agency of or any other entity under significant control of a foreign country of concern.R.S. 38:2320.21(A)(2).
This section prohibits the state and its political subdivisions from entering into, modifying, renewing, or extending contracts for AI technology, software, or products unless the contracting entity provides a sworn affidavit attesting that it is not owned by, controlled by, or organized under the laws of a foreign country of concern (China, Russia, Iran, North Korea, or Cuba). The obligation runs to the government procurement process rather than to the AI vendor directly, creating a compliance gating requirement for state AI procurement.
This Chapter may be cited as the "The Louisiana A.I. Bill of Rights".
This section establishes the short title of the chapter as "The Louisiana A.I. Bill of Rights." It creates no compliance obligations.
As used in this Chapter, these terms have the following definitions ascribed to them, unless the context indicates otherwise: (1) "Account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1)" means an individual who opens an account or creates a profile or is identified by the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state. (2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments. (3) "Artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.R.S. 51:3302(3)" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) technology or products, collects data for use in artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) products, or implements artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) technology. (4) "BotBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.R.S. 51:3302(4)" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person. (5) "Companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) system with a natural language interface that provides adaptive, human-like responses to userUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13) inputs and is capable of meeting a userUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13)'s social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5)" does not include the following: (a) A botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.R.S. 51:3302(4) used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.R.S. 51:3302(4) that is a feature of a video gameVideo game"Video game" means a game played on an electronic device that uses a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, to interact with the user of the device.R.S. 51:3302(14) and is limited to replies related to the video gameVideo game"Video game" means a game played on an electronic device that uses a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, to interact with the user of the device.R.S. 51:3302(14) and does not discuss topics related to mental health, self-harm, or material harmful to minorsMaterial harmful to minors"Material harmful to minors" has the same meaning as defined in R.S. 51:2121.R.S. 51:3302(8) or maintain a dialogue on other topics unrelated to the video gameVideo game"Video game" means a game played on an electronic device that uses a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, to interact with the user of the device.R.S. 51:3302(14). (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the userUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13). (6) "Companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6)" means a platform that allows a userUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13) to engage with a companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5). (7) "Deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.R.S. 51:3302(7)" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual. (8) "Material harmful to minorsMaterial harmful to minors"Material harmful to minors" has the same meaning as defined in R.S. 51:2121.R.S. 51:3302(8)" has the same meaning as defined in R.S. 51:2121. (9) "MinorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9)" means any person who has not attained the age of eighteen years. (10) "OperatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to an individual in this state.R.S. 51:3302(10)" means a person who owns, operates, or otherwise makes available a botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.R.S. 51:3302(4) to an individual in this state. (11) "Pop-upPop-up"Pop-up" means a visible notification on the computer, tablet, or mobile phone screen of a user which is resolved if the user interacts with or responds to the notification.R.S. 51:3302(11)" means a visible notification on the computer, tablet, or mobile phone screen of a userUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13) which is resolved if the userUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13) interacts with or responds to the notification. (12) "ResidentResident"Resident" means an individual who has resided in this state for more than six months during the preceding twelve-month period.R.S. 51:3302(12)" means an individual who has resided in this state for more than six months during the preceding twelve-month period. (13) "UserUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13)" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application. (14) "Video gameVideo game"Video game" means a game played on an electronic device that uses a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, to interact with the user of the device.R.S. 51:3302(14)" means a game played on an electronic device that uses a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, to interact with the user of the device.
This section defines the key terms used throughout Chapter 70, including the regulated entities (operator, artificial intelligence technology company), the regulated products (companion chatbot, companion chatbot platform, bot), and the protected populations (minor, account holder, user, resident). These definitions are referenced throughout the operative sections and are captured in the top-level definitions object.
A(1)–(9) Residents of this state are entitled to certain rights with respect to the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) including but not limited to all of the following: (1) The right to use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) to improve their own lives and the lives of family members, fellow residentsResident"Resident" means an individual who has resided in this state for more than six months during the preceding twelve-month period.R.S. 51:3302(12), and the world at large in accordance with the law. (2) The right to supervise, access, limit, and control their minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) children's use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1). (3) The right to know whether they are communicating with a human being or an artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) system, program, or chatbot. (4) The right to know if artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) technology companies are collecting personal information or biometric data, and the right to expect artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) technology companies to protect and deidentify that information or data in accordance with the law. (5) The right to pursue civil remedies authorized by law against persons who use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) to appropriate the name, image, or likeness of others for commercial purposes without their consent. (6) The right to be protected by law from criminal acts, such as fraud, exploitation, identity theft, stalking, and cyberbullying, regardless of whether artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) is used in the commission of those acts. (7) The right to be protected by law from criminal acts relating to the alteration of existing images to create sexual or lewd or lascivious images or child pornography, regardless of whether artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) is used in the commission of those acts. (8) The right to know whether political advertisements, electioneering communications, or similar advertisements were created in whole or in part with the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1). (9) The right to pursue civil remedies authorized by law against others who use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) to slander, libel, or defame them.
B Residents of this state may exercise the rights described in this Section in accordance with existing law. This Section shall not be construed as creating new or independent rights or entitlements.
This section enumerates nine AI-related rights for Louisiana residents, including the right to know whether one is communicating with AI, the right to know about personal data collection, the right to pursue civil remedies for unauthorized appropriation of name or likeness, and the right to know whether political advertisements were AI-generated. However, subsection B expressly provides that these rights may only be exercised in accordance with existing law and that the section does not create new or independent rights or entitlements. As such, §3303 is aspirational and does not impose operative compliance obligations.
A 2 A companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) shall prohibit a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) from entering into a contract with the platform to become an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) or from maintaining an existing account, unless the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9)'s parent or guardian provides consent for the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) to become an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) or maintain an existing account.
A(1)(a)–(e) 3 If the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9)'s parent or guardian provides consent for the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) to become an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) or maintain an existing account, the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) shall allow the consenting parent or guardian of the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) to do all of the following: (a) Obtain copies of all interactions between the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) and the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5). (b) Limit the amount of time that the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) may interact with the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5) each day. (c) Limit the days of the week and the times during the day when the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) may interact with the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5). (d) Disable any of the interactions between the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) and third-party account holdersAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) on the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6). (e) Receive timely notifications if the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) expresses to the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5) a desire or an intent to engage in self-harm or to harm others.
A(2)(a)–(d) 4 A companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) shall do all of the following: (a) Terminate an account belonging to an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) who is a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) if the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) treats or categorizes that account as belonging to a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) for purposes of targeting content or advertising and if the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9)'s parent or guardian has not provided consent for the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) to become an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) or to maintain an existing account. The companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) shall provide ninety days for the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) to dispute the termination. Termination shall be effective upon the expiration of the ninety-day period if the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) fails to effectively dispute the termination. (b) Allow an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) who is a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) to request to terminate the account. Termination shall be effective within five business days of the request. (c) Allow the consenting parent or guardian of an account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) who is a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) to request that the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9)'s account be terminated. Termination shall be effective within ten business days following the request. (d) Permanently delete all personal information held by the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) relating to the terminated account, unless state or federal law requires the platform to maintain the information.
B(1)–(2) 5 In connection with all accounts held by account holdersAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) who are minorsMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9), a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) shall do all of the following: (1) Disclose to the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) that he is interacting with artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1). (2) Provide by default a clear and conspicuous notification to the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1), at the beginning of companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5) interactions and at least once every hour during continuing interactions, reminding the minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) to take a break and that the companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5) is artificially generated and not human.
B(3) 6 Institute reasonable measures to prevent its companion chatbotCompanion chatbot"Companion chatbot" means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user's social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. "Companion chatbot" does not include the following: (a) A bot used only for customer service or for a business's operational purposes, productivity, or analysis related to source information, internal research, or technical assistance. (b) A bot that is a feature of a video game and is limited to replies related to the video game and does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game. (c) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs likely to elicit emotional responses in the user.R.S. 51:3302(5) from producing or sharing material harmful to minorsMaterial harmful to minors"Material harmful to minors" has the same meaning as defined in R.S. 51:2121.R.S. 51:3302(8) or encouraging the account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) to engage in any of the conduct described or depicted in materials harmful to minorsMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9).
C(1)–(4) C.(1) A knowing or reckless violation of this Section is deemed a deceptive or unfair trade practice or act pursuant to the Unfair Trade Practices and Consumer Protection Law, R.S. 51;1401 et seq. (2) If the attorney general has reason to believe that a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) is in violation of this Section, the attorney general may bring an action against that platform for a deceptive or unfair trade practice or act. (3) In addition to other remedies provided for in this Chapter, the attorney general may impose a civil penalty of up to fifty thousand dollars per violation as well as reasonable attorney fees and court costs. (4) If the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6)'s failure to comply with this Section is part of a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6).
D(1)–(3) D.(1) A companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) that knowingly or recklessly violates this Section shall be liable to a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) for up to ten thousand dollars in damages, as well as court costs and reasonable attorney fees, as ordered by the Court. (2) A civil action for a claim pursuant to this Subsection may be brought within two years of the date the complainant knew, or reasonably should have known, of the alleged violation. (3) An action brought pursuant to this Subsection may be brought only on behalf of a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1).
E For purposes of bringing an action in accordance with this Section, a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) that allows a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) in this state to create an account on the platform is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
F If a companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6) allows a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) account holderAccount holder"Account holder" means an individual who opens an account or creates a profile or is identified by the companion chatbot platform by a unique identifier while he is using or accessing the platform, if the platform knows or has reason to believe the individual is a resident of this state.R.S. 51:3302(1) to use the companion chatbot platformCompanion chatbot platform"Companion chatbot platform" means a platform that allows a user to engage with a companion chatbot.R.S. 51:3302(6), the parties have entered into a contract.
G This Section does not preclude any other available remedy at law or equity.
This section is the bill's primary operative provision for companion chatbot platforms. It requires parental or guardian consent before a minor may become or remain an account holder, and mandates a suite of parental control tools including access to interaction transcripts, time and scheduling limits, third-party interaction controls, and self-harm or harm-to-others notifications. Platforms must terminate unconsented minor accounts (with a 90-day dispute window), honor minor and parent termination requests within defined timeframes, and permanently delete all personal information on termination. For all minor accounts, the platform must unconditionally disclose the AI nature of the system, provide hourly take-a-break reminders, and institute reasonable measures to prevent harmful content. Violations are deemed unfair trade practices enforceable by the attorney general with penalties up to $50,000 per violation, and a private cause of action is available on behalf of minor account holders for up to $10,000 in damages.
A 7 At the beginning of an interaction between a userUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13) and a botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.R.S. 51:3302(4), and at least once every hour during the interaction, an operatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to an individual in this state.R.S. 51:3302(10) shall display a pop-upPop-up"Pop-up" means a visible notification on the computer, tablet, or mobile phone screen of a user which is resolved if the user interacts with or responds to the notification.R.S. 51:3302(11) message notifying usersUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13) that they are not engaging in dialogue with a human counterpart.
B(1)–(2) B.(1) A violation of this Section is deemed a deceptive or unfair trade practice or act pursuant to the Unfair Trade Practices and Consumer Protection Law, R.S. 51;1401 et seq. and may be enforced by the attorney general on behalf of a user of a botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.R.S. 51:3302(4). (2) If the attorney general has reason to believe that an operatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to an individual in this state.R.S. 51:3302(10) is in violation of this Section, the attorney general may bring an action against the operatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to an individual in this state.R.S. 51:3302(10) for a deceptive or unfair trade practice or act.
B(3) In addition to any other remedy provided for in this Chapter, the attorney general may impose a civil penalty of up to fifty thousand dollars per violation plus reasonable attorney fees and court costs as ordered by the court.
C This Section does not preclude any other available remedy at law or equity.
D For purposes of bringing an action pursuant to this Section, a person who meets the definition of an operatorOperator"Operator" means a person who owns, operates, or otherwise makes available a bot to an individual in this state.R.S. 51:3302(10) who owns, operates, or otherwise makes available a botBot"Bot" means an automated online software application in which all or substantially all of the actions or posts of the account are not the result of a natural person.R.S. 51:3302(4) to individuals in this state is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business, and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
This section imposes a bot disclosure obligation on all operators of bots interacting with Louisiana users. At the beginning of every interaction and at least once every hour thereafter, the operator must display a pop-up message notifying users that they are not engaging in dialogue with a human. Unlike §3304, this applies to all bots — not just companion chatbots — and to all users, not just minors. Violations are enforceable by the attorney general as unfair trade practices with penalties up to $50,000 per violation.
A 8 An artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.R.S. 51:3302(3) shall not sell or disclose personal information of usersUser"User" means an individual who resides or is domiciled in this state and who accesses an internet website, online or cloud computing service, online application, or mobile application.R.S. 51:3302(13) unless the information is deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.R.S. 51:3302(7) except as required by the laws of this state or of the United States.
B(1)–(4) 9 An artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.R.S. 51:3302(3) in possession of deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.R.S. 51:3302(7) shall do all of the following: (1) Take reasonable measures to ensure that the data cannot be associated with an individual. (2) Maintain and use the data in deidentified form. (3) Contractually obligate a recipient of the deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.R.S. 51:3302(7) to comply with this Section. (4) Implement business processes to prevent the inadvertent release of deidentified dataDeidentified data"Deidentified data" means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to that individual.R.S. 51:3302(7).
C(1)–(3) C.(1) A violation of this Section is deemed a deceptive or unfair trade practice or act pursuant to the Unfair Trade Practices and Consumer Protection Law, R.S. 51;1401 et seq., and may be enforced by the attorney general. (2) If the attorney general has reason to believe that an artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.R.S. 51:3302(3) is in violation of this Section, the attorney general may bring an action against the artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.R.S. 51:3302(3) for a deceptive or unfair trade practice or act. (3) In addition to any other remedy provided for in this Chapter, the attorney general may collect a civil penalty of up to fifty thousand dollars per violation and reasonable attorney fees and court costs.
D For purposes of bringing an action pursuant to this Section, a person who meets the definition of an artificial intelligence technology companyArtificial intelligence technology company"Artificial intelligence technology company" means a business or organization that produces, develops, creates, designs, or manufactures artificial intelligence technology or products, collects data for use in artificial intelligence products, or implements artificial intelligence technology.R.S. 51:3302(3) that produces, develops, creates, designs, or manufactures artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) technology or products, collects data for use in artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) products, or implements artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that influence physical or virtual environments.R.S. 38:2320.21(A)(1) technology in this state is considered to be both engaged in substantial and not isolated activities within this state and operating, conducting, engaging in, or carrying on a business, and doing business in this state, and is therefore subject to the jurisdiction of the courts of this state.
This section prohibits AI technology companies from selling or disclosing user personal information unless the data has been deidentified. Companies possessing deidentified data must take reasonable measures to prevent reidentification, maintain data in deidentified form, contractually bind recipients to the same obligations, and implement business processes to prevent inadvertent release. Enforcement is by the attorney general under the Unfair Trade Practices law with civil penalties up to $50,000 per violation.
A–E A. If, by his own inquiry or as a result of complaints, the attorney general has reason to believe that a person has engaged in, or is engaging in, a practice or an act that violates this Chapter, the attorney general may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within five days, excluding weekends and legal holidays, after service of a subpoena or at any time before the return date specified in the subpoena, whichever time period is longer, the person served shall file in the district court of the parish in which it resides or in which it transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner shall raise any objection or privilege that would be available upon service of a subpoena in a civil action. The subpoena shall inform the party served of the party's rights under this Subsection. B. If the matter that the attorney general seeks to obtain by subpoena is located outside this state, the person subpoenaed shall make the matter available to the attorney general or his representative at the place where the person is located. The attorney general may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf and may respond to similar requests from officials of other states. C. Upon the failure of a person, without lawful excuse, to obey a subpoena and upon reasonable notice to all persons affected, the attorney general may apply to the district court for an order compelling compliance. D. The attorney general may request that a person who refuses to comply with a subpoena on the grounds that the testimony or matter is self-incriminating be ordered by the court to provide that testimony or matter. Except in a prosecution for perjury, a person who complies with a court order to provide testimony or matter after asserting a valid privilege against self-incrimination shall not have that testimony or matter used against him in any criminal investigation or proceeding. E. A person upon whom a subpoena is served pursuant to this part shall comply with its terms unless otherwise provided by order of the court. A person who fails to appear, with the intent to avoid, evade, or prevent compliance in whole or in part with an investigation under this part, or who removes from any place, conceals, withholds, mutilates, alters, or destroys, or by any other means falsifies any documentary material in the possession, custody, or control of a person subject to a subpoena, or who knowingly conceals relevant information with the intent to avoid, evade, or prevent compliance, is liable for a civil penalty of not more than five thousand dollars per week in violation, reasonable attorney fees, and costs.
This section grants the attorney general broad investigative authority to enforce the chapter, including the power to administer oaths, subpoena witnesses and evidence, and apply to courts for orders compelling compliance. It establishes procedures for challenging subpoenas, accommodating out-of-state evidence, and compelling testimony over self-incrimination claims. Obstruction of investigations carries a civil penalty of up to $5,000 per week. This section establishes the enforcement mechanism rather than creating new compliance obligations for covered entities.
A(1)–(5) As used in this Section, the term: (1) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text, and other digital content.R.S. 51:3308(A)(1)" means a machine-based system that can, for a given set of human-defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text, and other digital content. (2) "Person" has the same meaning as in Civil Code Article 24 but also includes a government or a governmental subdivision, agency, instrumentality, or public corporation. (3) "ServicememberServicemember"Servicemember" means a person serving as a member of the United States Armed Forces on active duty or state active duty or a member of the Louisiana National Guard or United States Reserve Forces.R.S. 51:3308(A)(3)" means a person serving as a member of the United States Armed Forces on active duty or state active duty or a member of the Louisiana National Guard or United States Reserve Forces. (4) "Surviving childrenSurviving children"Surviving children" means an individual's immediate offspring and any children legally adopted by the individual.R.S. 51:3308(A)(4)" means an individual's immediate offspring and any children legally adopted by the individual. (5) "Surviving spouseSurviving spouse"Surviving spouse" means an individual's surviving spouse under the law of the individual's domicile at the time of the individual's death, regardless of whether the spouse later remarries.R.S. 51:3308(A)(5)" means an individual's surviving spouseSurviving spouse"Surviving spouse" means an individual's surviving spouse under the law of the individual's domicile at the time of the individual's death, regardless of whether the spouse later remarries.R.S. 51:3308(A)(5) under the law of the individual's domicile at the time of the individual's death, regardless of whether the spouse later remarries.
B 10 A person shall not publish, print, display, or otherwise publicly use for trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual created through generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text, and other digital content.R.S. 51:3308(A)(1) without the express written or oral consent to such use given by any of the following: (1) The individual. (2) Any other person authorized in writing by the individual to license the commercial use of the individual's name, image, or likeness. (3) If the individual is deceased, express consent of one of the following: (a) A person authorized in writing to license the commercial use of the deceased individual's name, image, or likeness. (b) If no person is authorized in accordance with Subparagraph (a) of this Paragraph, any one individual from a class composed of the deceased individual's surviving spouseSurviving spouse"Surviving spouse" means an individual's surviving spouse under the law of the individual's domicile at the time of the individual's death, regardless of whether the spouse later remarries.R.S. 51:3308(A)(5) and surviving childrenSurviving children"Surviving children" means an individual's immediate offspring and any children legally adopted by the individual.R.S. 51:3308(A)(4). A legal parent or guardian may give consent on behalf of a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) surviving child.
C 11 A person shall not publish, print, display, or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual without the express written or oral consent to such use given by any of the following: (1) The individual. (2) Any other person authorized in writing by the individual to license the commercial use of the individual's name, image, or likeness. (3) If the individual is deceased, express consent of one of the following: (a) A person authorized in writing to license the commercial use of the deceased individual's name, image, or likeness. (b) If no person is authorized in accordance with Subparagraph (a) of this Paragraph, any one individual from a class composed of the deceased individual's surviving spouseSurviving spouse"Surviving spouse" means an individual's surviving spouse under the law of the individual's domicile at the time of the individual's death, regardless of whether the spouse later remarries.R.S. 51:3308(A)(5) and surviving childrenSurviving children"Surviving children" means an individual's immediate offspring and any children legally adopted by the individual.R.S. 51:3308(A)(4). A legal parent or guardian may give consent on behalf of a minorMinor"Minor" means any person who has not attained the age of eighteen years.R.S. 51:3302(9) surviving child.
D If the consent required in Subsections B or C of this Section is not obtained, the individual whose name, portrait, photograph, image, or other likeness is used, or a person authorized by the individual in writing to license the commercial use of the individual's name, image, or likeness, or, if the individual whose likeness is used is deceased, a person having the right to give consent, as provided in Subsection B or C of this Section, may bring an action to enjoin the unauthorized publication, printing, display, or other public use and to recover damages for any loss or injury resulting from the unauthorized publication, including an amount that would have been a reasonable royalty, and punitive or exemplary damages.
E If a person uses the name, portrait, photograph, image, or other likeness of a servicememberServicemember"Servicemember" means a person serving as a member of the United States Armed Forces on active duty or state active duty or a member of the Louisiana National Guard or United States Reserve Forces.R.S. 51:3308(A)(3) without obtaining the consent required in Subsections B or C of this Section and the use is not subject to an exception listed in this Section, the court may impose a civil penalty of up to one thousand dollars per violation in addition to the civil remedies contained in Subsection D of this Section. Each commercial transaction constitutes a violation under this Section.
F(1)–(3) This Section does not apply to any of the following: (1) The publication, printing, display, or use of the name, image, or likeness of an individual in a newspaper, magazine, book, news broadcast or telecast, or other news medium or publication if used as part of a bona fide news report or presentation having a current and legitimate public interest and if the name, image, or likeness is not used for advertising purposes. (2) The use of an individual's name, portrait, photograph, image, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property with the individual's consent on or in connection with the initial sale or distribution of the productions, articles, or merchandise. (3) A photograph of an individual solely as a member of the public if the individual is not named or otherwise identified in or in connection with the use of the photograph.
G No action shall be brought under this Section by reason of a publication, printing, display, or other public use of the name, image, or likeness of an individual occurring more than forty years after the death of the individual.
H The remedies in this Section are in addition to and not in limitation of the remedies and rights of any person under the law against the invasion of his privacy.
This section creates a right-of-publicity cause of action specifically addressing AI-generated likenesses. It prohibits any person from commercially publishing, printing, displaying, or using an individual's name, portrait, photograph, image, or likeness created through generative AI without express consent from the individual or an authorized representative. Post-mortem rights extend to surviving spouses and children. A parallel prohibition applies to non-AI-generated likenesses. The section provides for injunctive relief, actual damages including reasonable royalty, and punitive or exemplary damages. An additional civil penalty of up to $1,000 per violation applies when a servicemember's likeness is used without consent. Exemptions exist for bona fide news reporting, resale with initial consent, and photographs of unnamed members of the public. Claims expire 40 years after the individual's death.