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18
45-2-3.5
45-2-14
45-3-2
45-3-3
45-3-4
45-3-5
45-3-6
45-3-7
0
Identity Protection Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: Jordan D. Teuscher
LONG TITLE
General Description:
This bill amends provisions related to libel and slander to address artificial intelligence and
digitally manipulated content.
Highlighted Provisions:
This bill:
defines terms;
clarifies that defamation law applies to content created through artificial intelligence or
other technological means;
requires notice to a publisher before filing a defamation action based on digitally created
content;
limits recovery to actual damages if the publisher removes the content within 10 days
after receiving notice;
establishes an exclusive right to consent to the use of an individual's personal identity;
expands the definition of abuse of personal identity to include unauthorized distribution
and trafficking in identity-replication tools;
provides exemptions for certain uses of personal identity; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
45-3-2
, as last amended by Laws of Utah 2025, Chapter 472
45-3-3
, as last amended by Laws of Utah 2025, Chapter 472
45-3-4
, as last amended by Laws of Utah 2025, Chapter 472
45-3-5
, as last amended by Laws of Utah 2025, Chapter 472
45-3-6
, as enacted by Laws of Utah 1981, Chapter 95
45-3-7
, as enacted by Laws of Utah 2025, Chapter 472
ENACTS:
45-2-3.5
, Utah Code Annotated 1953
45-2-14
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
45-2-3.5
is enacted to read:
45-2-3.5
. Artificially generated content.
(1)
As used in this section, "generative artificial intelligence" means the same as that term is
defined in Section
45-3-2
.
(2)
It is not a defense to a claim of libel or slander that the communication:
(a)
was created through generative artificial intelligence, computer animation, digital
manipulation, or any other technological means; or
(b)
uses simulated or recreated content rather than actual recordings or images of an
individual.
Section 2. Section
45-2-14
is enacted to read:
45-2-14
. Notice before filing action -- Effect of removal.
(1)
As used in this section:
(a)
"Digitally created content" means content created through generative artificial
intelligence, computer animation, digital manipulation, or other technological means.
(b)
"Generative artificial intelligence" means the same as that term is defined in Section
45-3-2
.
(2)
Before filing an action under this chapter for libel or slander based on digitally created
content, an individual shall provide written notice to the person who published or caused
the publication of the allegedly defamatory content.
(3)
The individual shall ensure the notice described in Subsection
(2)
:
(a)
specifies the content claimed to be defamatory and the location where the content
appears;
(b)
explains why the content is false and defamatory; and
(c)
is delivered by certified mail or by electronic means that provide proof of receipt.
(4)
In an action brought under this chapter, an individual may recover only actual damages
if the person who published or caused the publication of the digitally created content
removes the content within 10 days after the day on which the person receives notice
under Subsection
(2)
.
(5)
This section may not be construed to impose liability on an interactive computer service
as defined in 47 U.S.C. Sec. 230.
Section 3. Section
45-3-2
is amended to read:
45-3-2
. Definitions.
As used in this
act
chapter
:
(1)
"Advertisement" means a notice designed to attract public attention or patronage and
includes a list of supporters for a particular cause.
(2)
"Cause the publication" means:
(a)
that a person:
(i)
prepares or requests another to prepare:
(A)
an advertisement of the type described in Subsection
45-3-3(1)
45-3-3(2)(a)
;
or
(B)
content that uses, simulates, or recreates an individual's personal identity; and
(ii)
submits or requests another to submit the advertisement or content for
publication; and
(b)
the advertisement or content has been published.
(3)
(a)
"Consent" means an individual's voluntary agreement to the use of that
individual's personal identity.
(b)
"Consent" may not be inferred by the failure of the individual to request that the
individual's personal identity not be used or that the individual's name be removed
from a mailing or supporter list.
(4)
"Content" means audio, video, image, text, or other media, regardless of format.
(5)
"Generative artificial intelligence" means an artificial intelligence technology system
that:
(a)
is trained on data;
(b)
responds to human input; and
(c)
is capable of generating content similar to content created by a human, with limited
or no human involvement in the generation.
(b)
is designed to simulate human conversation with a consumer through one or more of
the following:
(i)
text;
(ii)
audio; or
(iii)
visual communication; and
(c)
generates non-scripted outputs similar to outputs created by a human, with limited
or no human oversight.
(6)
"Individual" means a natural person
, living or dead
.
(7)
"Person" means any natural person, firm, partnership, association, corporation, joint
venture, or any other form of business organization or arrangement, and the agents or
representatives of such persons.
(8)
(a)
"Personal identity" means an individual's:
(i)
name;
(ii)
title;
(iii)
(i)
picture;
(iv)
(ii)
portrait;
(v)
(iii)
visual or
video likeness;
(vi)
(iv)
voice; or
(vii)
(v)
audiovisual appearance.
(b)
"Personal identity" includes any simulation, reproduction, or artificial recreation of
the content described in Subsection
(8)(a)
, whether created through:
(i)
generative artificial intelligence;
(ii)
computer animation;
(iii)
digital manipulation; or
(iv)
any other technological means.
(9)
"Publish" means that a person provides the instrumentality through which an
advertisement or content is communicated to
the public at large or to a significant
portion thereof
another person
.
(10)
"Right holder" means the individual or a person to whom the individual's right in the
individual's personal identity has descended or been transferred, including an executor,
successor, heir, assignee, licensee, or devisee of the individual.
(10)
(11)
"Voice" means a computer-generated sound in a medium that is readily
identifiable and attributable to a particular individual, regardless of whether the sound
contains the actual voice of the individual.
Section 4. Section
45-3-3
is amended to read:
45-3-3
. Acts constituting abuse -- Permitting prosecution.
(1)
(a)
Subject to other provisions of this chapter, each individual has the exclusive right
to consent to the use of the individual's personal identity.
(b)
The right described in Subsection
(1)(a)
:
(i)
includes a replication right, in which only the individual or right holder may
consent to the use of the individual's personal identity in a simulation,
reproduction, or artificial recreation of the individual's personal identity;
(ii)
is licensable but not assignable during the life of the individual;
(iii)
does not expire until 70 years after the death of the individual;
(iv)
upon the death of the individual:
(A)
is descendible to the individual's executors, successors, heirs, assignees,
licensees, or devisees; and
(B)
is transferable to a right holder by any means of conveyance or operation of
law for up to 70 years after the death of the individual; and
(v)
in the case of an individual who died before May 6, 2026, applies retroactively for
up to 70 years before May 6, 2026, and vests in the executors, successors, heirs,
assignees, or devisees of the individual.
(2)
Except for purposes of the criminal penalty in Section
76-12-304
, the personal identity
of an individual is abused if:
(a)
(i)
content containing the personal identity of an individual is used for purposes of:
(A)
advertising products, merchandise, goods, or services;
(B)
fundraising;
(C)
solicitation of donations; or
(D)
purchases of products, merchandise, goods, or services;
(ii)
the use:
(A)
expresses or implies that the individual approves, endorses, has endorsed, or
will endorse the specific subject matter;
(B)
creates a likelihood of confusion as to the participation, association, or
connection of the individual; or
(C)
creates a false impression that the individual participated in or approved the
use; and
(iii)
(ii)
consent has not been obtained from the individual
.
;
(b)
a person publishes, performs, distributes, transmits, or otherwise makes available to
another person an individual's personal identity with actual knowledge that the use
was not authorized:
(i)
by the individual, if the individual is living;
(ii)
by the individual's legal guardian, if the individual is a minor; or
(iii)
by the individual's executors, successors, heirs, assignees, licensees, or devisees,
if the individual has been deceased for up to 70 years; or
(b)
(c)
the person knowingly distributes, sells, or licenses any technology, software, or
tool whose intended primary purpose is the unauthorized creation or modification of
content that includes an individual's personal identity
for commercial purposes
.
(2)
(3)
Nothing in this
part
chapter
prohibits prosecution of abuse of personal identity
under Section
76-12-304
.
(3)
(4)
The personal identity of an individual is not abused if the individual's personal data
or publicly available information:
(a)
was lawfully obtained;
(b)
is used to preview, advertise, or promote the sale of a product, service, or
subscription, including the sale of a product, service, or subscription of which the
individual's personal data or publicly available information is or may be a part; and
(c)
is not used in a way that expresses or implies that the individual approves, endorses,
has endorsed, or will endorse the product, service, or subscription being previewed,
advertised, or promoted.
(5)
The personal identity of an individual is not abused under Subsection
(2)(b)
if the
publication, performance, distribution, transmission, or other disclosure of the personal
identity is accompanied by a clear and conspicuous disclosure that the content is a
simulation or artificial recreation of the individual.
Section 5. Section
45-3-4
is amended to read:
45-3-4
. Cause of action for abuse -- Remedies.
(1)
An individual whose personal identity has been abused under Section
45-3-3
of this
act
chapter, or a right holder of that individual,
may bring an action against a person who
caused the publication of the advertisement or content
,
.
(2)
and is entitled to
Upon prevailing in an action under this section, the court may award
to the plaintiff
injunctive relief, damages alleged and proved, exemplary damages, and
reasonable
attorney's
attorney
fees and costs.
Section 6. Section
45-3-5
is amended to read:
45-3-5
. Action against publisher -- Grounds -- Remedies.
(1)
An individual whose personal identity has been abused under Section
45-3-3
of this
act
chapter, or a right holder of that individual,
may bring an action against a person who
published the advertisement or content:
(a)
if the advertisement or content, on its face is such that a reasonable person would
conclude that it is unlikely that an individual would consent to such use; and
(b)
if
the publisher did not take reasonable steps to
assure
ensure
that consent was
obtained.
(2)
In
Upon prevailing in
an action under this section,
the plaintiff shall be entitled to
the
court may award to the plaintiff
injunctive relief, damages alleged and proved,
exemplary damages, and reasonable
attorney's
attorney
fees and costs.
Section 7. Section
45-3-6
is amended to read:
45-3-6
. Other remedies unaffected.
This
act
chapter
does not limit or supersede any causes of action otherwise available to
the parties.
Section 8. Section
45-3-7
is amended to read:
45-3-7
. Exemptions.
(1)
A person does not violate Section
45-3-3
or Section
45-3-4
if the person uses an
individual's personal identity in:
(a)
connection with a news, public affairs, or sports broadcast, including the promotion
of and advertising for a sports broadcast
,
or
an account of public interest
, or a
political campaign
;
(b)
a representation of the individual as the individual in a documentary or in a historical
or biographical work, unless the representation creates the false impression that the
representation is or comprises the authentic participation of the individual;
(b)
a play, book, magazine, newspaper, musical composition, visual work, work of art,
audiovisual work, radio or television program if it is fictional or nonfictional
entertainment, or a dramatic, literary, or musical work;
(c)
a work of political, public interest, or newsworthy value, including a comment,
criticism, parody, satire,
scholarship,
or a transformative creation of a work of
authorship;
(d)
fleeting or incidental uses;
or
(d)
(e)
an advertisement or commercial announcement for a work described in this
Subsection
(1)
.
(2)
The use of personal identity in a commercial medium does not constitute a use for
purposes of advertising or solicitation solely because the material containing such use is
commercially sponsored or contains paid advertising.
(3)
This
part
chapter
may not apply to, and nothing in this
part
chapter
may be construed
to impose liability or culpability on, an interactive computer service, as defined in 47
U.S.C. 230(f)(2), for content provided by another person.
(4)
Nothing in this chapter is intended to abrogate or narrow any claim or defense available
under any other statute or under the common law.
Section 9.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 3:01 PM