Utah measure requires notice for AI defamation claims and limits identity use

A person would have to give written notice before filing a libel or slander lawsuit based on digitally created content. This applies to content made with generative artificial intelligence, computer animation, digital manipulation, or other technology. The notice must identify the allegedly defamatory content and where it appears. The notice must explain why the content is false and defamatory. The notice must be sent by certified mail or electronic means that prove receipt. If the publisher removes the content within 10 days after receiving notice, the person may recover only actual damages, meaning proven financial loss or other direct harm. The rules would take effect on May 6, 2026.

Individuals and certain successors would control consent to use a person's identity, including simulated or artificially recreated identity content. The right covers a living or dead person's name, title, picture, portrait, likeness, voice, or audiovisual appearance, including artificial recreations. Only the individual or right holder could consent to a simulated or recreated identity during the individual's life. The right could be licensed but not assigned during the individual's life. The right would continue for up to 70 years after death and could pass to specified successors. For a person who died before May 6, 2026, the right would apply retroactively for up to 70 years before that date and vest in specified successors or transferees. A person who knowingly distributes, sells, or licenses a tool primarily intended to create or modify unauthorized identity content for commercial purposes could also commit abuse of personal identity. The identity-right provisions would take effect on May 6, 2026, with the stated retroactive rule for people who died before that date.

Certain uses of a person's identity would not violate the identity-use restrictions. The exemptions cover news, public affairs, sports, politics, documentaries, historical or biographical works, entertainment, art, commentary, criticism, parody, satire, scholarship, transformative works, and incidental uses. A documentary or historical or biographical representation would not qualify if it falsely suggests the person's authentic participation. Using identity content in a commercially sponsored medium would not by itself count as advertising or solicitation. An interactive computer service generally would not be liable for content provided by another person. The text also preserves claims and defenses available under other laws or common law. These exemptions would take effect on May 6, 2026.