If approved, Hawaii would restrict certain harmful AI imitations, require labels for many public imitations and synthetic-performer ads, and allow civil remedies.
People could challenge harmful, unauthorized AI imitations, while publicly shared realistic imitations would generally need clear labels; several speech and educational uses would be exempt.
Businesses knowingly using computer-created performers in many property or service ads would have to disclose that use, with exceptions and escalating civil fines.
People would be barred from knowingly creating, publishing, or sharing certain realistic AI imitations without consent, and public imitations would generally need an AI disclosure. The rules cover realistic depictions, audio, or video that appear to show an identifiable person's voice, face, likeness, or performance. The prohibition would apply when the imitation involves a commercial transaction or advertisement, is likely to cause harm, falsely suggests endorsement or authorship, or is used for fraud, defamation, harassment, or another unlawful act. Parody, satire, commentary, political expression, news illustrations, and clearly labeled artistic or educational uses would be exempt under stated conditions. A person or the person's estate could seek court orders, damages, and other remedies for a nonexempt imitation made without consent. The provisions would take effect upon approval and would not affect rights, penalties, or proceedings that matured or began before that date.
Businesses that advertise property or services would have to clearly disclose when an advertisement uses a synthetic performer, if they know about that use. The rule covers commercial advertisements using computer-created performers who appear to perform as human performers but are not recognizable as specific people. The rule would not cover advertisements for expressive works when the synthetic performer is used consistently with that work. It would not cover audio advertisements, ads using AI only to translate a human performer, or the publishers and distributors of noncompliant ads. A violation would carry a civil fine of $1,000 for the first violation and $5,000 for each later violation. The provisions would take effect upon approval and would apply to covered advertising after that date.
No hearings or votes scheduled.