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HB2137
HOUSE OF REPRESENTATIVES
H.B. NO.
2137
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to artificial intelligence
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
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SECTION
1.
�
The legislature finds that deepfake
technology enables the realistic digital imitation of an individual's voice,
face, likeness, and performance.
�
The
legislature further finds that malicious uses of deepfake technology have been
documented in identity theft, fraud, election interference, cyberbullying, and
non-consensual pornography.
�
Victims
often face reputational, financial, and emotional harm, with detection rates
for the use of deepfake imitations as low as sixty-two per cent even among experts.
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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.
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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.
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Moreover, the legislature finds that it is
important to protect Hawaii residents from identity-based harm caused by the
malicious use of artificial intelligence (AI) and synthetic media while
safeguarding constitutional rights to free expression, parody, satire, and
journalism.
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Therefore,
the purpose of this part is to:
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(1)
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Prohibit certain harmful uses of AI-generated
likenesses;
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(2)
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Mandate disclosure for realistic AI
depictions; and
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(3)
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Provide civil remedies for individuals injured
by unauthorized uses of AI.
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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
ARTIFICIAL
INTELLIGENCE; DIGITAL IMITATION; PERSONAL LIKENESS; PROTECTIONS
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-1
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Definitions.
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As used in this chapt
er:
�����������
"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;
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(2)
�
Abstract perceptions of real and virtual
environments into models through analysis in an automated manner; and
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(3)
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Use model inference to formulate opinions for
information or action.
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"Consent"
means express, written permission from a depicted individual or the depicted
individual's authorized representative.
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"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.
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"Distribute"
means to convey information by any means.
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"Harm"
includes reputational injury, financial loss, emotional distress, or
misappropriation of identity for commercial gain.
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"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.
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�
-2
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Prohibited acts.
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It shall be unlawful for any person to
knowingly create, publish, or distribute a realistic digital imitation of an
identifiable individual without that individual's consent if:
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(1)
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It is used in connection with a commercial
transaction or advertisement;
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(2)
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It is likely to cause harm;
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(3)
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It falsely implies endorsement or authorship;
or
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(4)
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It is used to commit fraud, defamation,
harassment, or other unlawful acts.
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-3
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Disclosure; requirement.
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(a)
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Any realistic digital imitation that is publicly distributed shall
include a clear and conspicuous disclosure that it is generated or altered by
artificial intelligence, unless exempted by section -4.
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(b)
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The disclosure required under subsection (a)
shall be:
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(1)
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Visible for video depictions or images;
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(2)
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Audible for audio recordings; and
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(3)
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Expressed in plain language, such as
"This is an AI-generated depiction and not an authentic recording of
[person].").
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-4
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Exemptions.
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This chapter shall not apply to content
generated or altered by artificial intelligence that is:
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(1)
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A form of parody, satire, commentary, or
political expression, as permitted by law; provided that:
���������
(A)
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It includes a clear disclosure that it is
fictional or a parody; and
���������
(B)
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It is not intended, and could not reasonably
be foreseen, to deceive a reasonable person into believing that it is
authentic;
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(2)
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News reporting, where the content generated or
altered by artificial intelligence is used to illustrate a story and is clearly
disclosed as altered or simulated; and
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(3)
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An artistic or educational use, where the
content is clearly labeled and no harm is intended or reasonably foreseeable.
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-5
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Civil actions; civil remedies.
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(a)
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If:
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(1)
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A realistic digital imitation is made of an
individual without the individual's consent; and
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(2)
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The realistic digital imitation is not
exempted under section -4,
the individual or the individual's estate, for up to
ten years after the death of the individual, may bring an action for civil
remedies pursuant to subsection (b).
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(b)
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In accordance with subsection (a), an
individual or an individual's estate may bring a civil action for:
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(1)
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Injunctive relief, including an order to
remove or cease distribution of the realistic digital imitation;
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(2)
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Monetary damages of up to $50,000 per
violation;
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(3)
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Recovery of actual damages, including for
reputational injury and emotional distress;
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(4)
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Punitive damages, where malice is proven; and
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(5)
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Reasonable attorney's fees and court costs.
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(c)
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A cause of action for injunctive or other
equitable relief may be brought by the attorney general in instances in which
the distribution of realistic digital imitations involves broad public interest
or widespread harm.
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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).
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(d)
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This section shall not limit or preclude the
individual or individual's estate, if applicable,
from
pursuing any other available remedy.
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(e)
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This chapter shall apply to the fullest
extent permitted by federal law."
PART II
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SECTION
3.
�
The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
ARTIFICIAL
INTELLIGENCE; SYNTHETIC PERFORMERS;
ADVERTISING;
DISCLOSURE
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�
-1
�
Definitions.
�
As used in this chapt
er:
����
"Artificial
intelligence", "artificial intelligence 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
intelligence", "artificial intelligence 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 intelligence.
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"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.
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"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.
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-2
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Advertising.
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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 performer is in the advertisement, where the
person has actual knowledge.
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-3
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Non-applicability of this chapter.
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(a)
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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 performer in the
advertisement or promotional material is consistent with its use in the
expressive work.
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(b)
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This chapter shall not apply to
advertisements and promotional materials under any of the following conditions:
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(1)
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Audio advertisements; or
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(2)
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Where the use of artificial intelligence
solely involves the language translation of a human performer.
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(c)
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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.
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(d)
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Nothing in this chapter shall be construed to
limit or expand the protections conferred by 47 U.S.C. section 230 on an
interactive computer service for content provided by another information
content provider.
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-4
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Civil penalties.
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Any person who violates this chapter shall be
civilly fined:
����
(1)
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$1,000 for a first violation; and
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(2)
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$5,000 for a second and any subsequent
violation."
PART III
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SECTION 4.
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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.
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SECTION 5.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Artificial
Intelligence; Realistic Digital Imitations; Protections for Individuals;
Synthetic Performers; Advertising; Disclosure
Description:
Part
I:
�
Prohibits certain harmful uses of and
mandates disclosure for realistic digital imitations generated by artificial
intelligence (AI).
�
Establishes certain
exemptions.
�
Provides for civil actions
and civil remedies for individuals injured by unauthorized AI-generated
realistic digital imitations.
�
Part II:
�
Requires the disclosure of the use of
synthetic performers in advertising.
�
Establishes civil fines.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.