AN ACT relating to privacy protection.

UNOFFICIAL COPY 26 RS BR 15
Page 1 of 5
XXXX 10/13/2025 1:35 PM Jacketed
AN ACT relating to privacy protection. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Consent" means the consent to transmission of a deep fake to a specific 6
recipient or recipients; 7
(b) "Deep fake" means any video recording, motion picture film, audio 8
recording, electronic image, or photograph: 9
1. That appears to authentically depict any speech or conduct of an 10
individual who did not in fact engage in such speech or conduct; 11
2. That is so realistic that a reasonable person would believe it depicts 12
speech or conduct of an individual who did not in f act engage in such 13
speech or conduct; 14
3. That does not contain adequate labeling or disclaimers such that a 15
reasonable person would understand that it is not real speech or 16
conduct; and 17
4. The production of which was substantially dependent upon technical 18
means, rather than the ability of another individual to physically or 19
verbally impersonate such individual; 20
(c) "Depicted individual" means an individual who, by means of digital 21
manipulation, appears in whole or in part in a deep fake and who is 22
identifiable by virtue of the person's face, likeness, voice, or other 23
distinguishing characteristic; 24
(d) "Information content provider" means any person or entity that is 25
responsible, in whole or in part, for the creation or development of 26
information provided through the internet or any other interactive computer 27
UNOFFICIAL COPY 26 RS BR 15
Page 2 of 5
XXXX 10/13/2025 1:35 PM Jacketed
service; and 1
(e) "Interactive computer service" means any information service, system, or 2
access software provider that provides or enables computer access by 3
multiple users to a computer server, includin g specifically a service or 4
system that provides access to the internet and such services offered or 5
systems operated by libraries or educational institutions. 6
(2) It shall be unlawful for any natural person to willfully and knowingly 7
disseminate a deep fa ke of a depicted individual without the express, written 8
consent of the depicted individual. 9
(3) Any natural person who violates subsection (2) of this section shall be personally 10
liable for: 11
(a) Appropriate injunctive relief; 12
(b) Actual damages; 13
(c) Punitive damages; 14
(d) Court costs; and 15
(e) Reasonable attorney's fees. 16
(4) A claim brought pursuant to this section may be asserted in any court of 17
competent jurisdiction. 18
(5) Consent to the creation of a deep fake does not, by itself, constitute consent to i ts 19
distribution. 20
(6) A person shall not be found liable under this section when: 21
(a) The dissemination is made for the purpose of a criminal investigation or 22
prosecution that is otherwise lawful; 23
(b) The dissemination is for the purpose of, or in connectio n with, the reporting 24
of unlawful conduct; 25
(c) The dissemination is made in the course of seeking or receiving medical or 26
mental health treatment, and the image is protected from further 27
UNOFFICIAL COPY 26 RS BR 15
Page 3 of 5
XXXX 10/13/2025 1:35 PM Jacketed
dissemination; 1
(d) The deep fake was obtained in a commercial setting for the purpose of the 2
legal sale of goods or services, including the creation, dissemination, or 3
distribution of artistic works for sale or display, and the depicted individual 4
knew, or should have known, that a deep fake would be created and 5
disseminated; 6
(e) The deep fake relates to a matter of public interest and dissemination serves 7
a lawful public purpose; 8
(f) The dissemination is for legitimate scientific research or educational 9
purposes; 10
(g) The dissemination is made for legal proceedings and is: 11
1. Consistent with common practice in civil proceedings necessary for 12
the proper functioning of the judicial system; or 13
2. Protected by a court order which prohibits any further dissemination; 14
or 15
(h) The deep fake was made for the purpose of parody, satir e, or entertainment 16
and includes a disclosure that: 17
1. States that the material containing the deep fake does not accurately 18
represent the speech or conduct of the person portrayed; and 19
2. Is made in the following manner: 20
a. For visual media, the text of the disclosure shall be clear, 21
conspicuous, and in a prominent location; or 22
b. If the media consists of audio only and a visual disclosure is not 23
feasible, the disclosure shall be read in a clearly spoken manner 24
and in a pitch that can be easily heard by the average listener, at 25
the beginning of the audio and the end of the audio. 26
(7) A provider or user of an interactive computer service shall not be treated as the 27
UNOFFICIAL COPY 26 RS BR 15
Page 4 of 5
XXXX 10/13/2025 1:35 PM Jacketed
publisher or speaker of any information provided by another inf ormation content 1
provider. 2
(8) This section shall not be construed to impose liability on an interactive computer 3
service when acting in its capacity as a provider of those services. 4
(9) This section shall not be construed to alter or negate any rights, o bligations, or 5
immunities of an interactive computer service provider under 47 U.S.C. sec. 230. 6
(10) This section shall not apply to: 7
(a) A radio or television broadcasting station, including a cable or satellite 8
television operator, programmer, or produce r, that broadcasts material 9
containing deep fakes prohibited by this section as part of a bona fide 10
newscast, news interview, news documentary, or on -the-spot coverage of a 11
bona fide news event, if the broadcast clearly acknowledges through context 12
or a disclosure, in a manner that can be easily heard or read by the average 13
listener or viewer, that there are questions about the authenticity of the 14
audio or visual media containing the deep fakes; 15
(b) A radio or television broadcasting station, including a ca ble or satellite 16
television operator, programmer, or producer, when it is paid to broadcast 17
material containing deep fakes; or 18
(c) A website or a regularly published newspaper, magazine, or other periodical 19
of general circulation, including an internet or electronic publication, that 20
routinely carries news and commentary of general interest, and that 21
publishes material containing deep fakes prohibited by this section, if the 22
publication clearly states that the material containing the deep fake does not 23
accurately represent the speech or conduct of the person portrayed in the 24
deceptive audio or visual media. 25
SECTION 2. A NEW SECTION OF KRS CHAPTER 413 IS CREATED TO 26
READ AS FOLLOWS: 27
UNOFFICIAL COPY 26 RS BR 15
Page 5 of 5
XXXX 10/13/2025 1:35 PM Jacketed
An action filed pursuant to Section 1 of t his Act shall be commenced within three (3) 1
years after the cause of action accrued. 2
SECTION 3. A NEW SECTION OF KRS CHAPTER 519 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Deep fake" has the same meaning as in Section 1 of this Act; and 6
(b) "Depicted individual" has the same meaning as in Section 1 of this Act. 7
(2) A natural person is guilty of disseminating a deep fake when he or she discloses 8
or threatens to disclose a deep fake that has not been p reviously disclosed to the 9
public: 10
(a) With the intent to harass, threaten, alarm, or cause substantial harm to the 11
finances or reputation of the depicted individual; 12
(b) With actual knowledge or reckless disregard for whether such disclosure or 13
threatened disclosure will cause physical, emotional, reputational, or 14
economic harm to the depicted individual; or 15
(c) Whose creation, reproduction, or distribution could be reasonably expected 16
to affect the conduct of any administrative, legislative, or judicial 17
proceeding, including the administration or outcome of an election. 18
(3) Disseminating a deep fake is a Class D felony. 19
(4) A person is not guilty of disseminating a deep fake if any of the conditions set 20
forth in subsection (6) of Section 1 of this Act are met. 21