WashingtonWashington law limits unauthorized use of deceptive digital impersonations
Washington law requires the rights owner's consent for covered uses of deceptive digital impersonations in commercial products, advertising, or fundraising, including nonprofit fundraising.
What it does
Covered uses of deceptive digital impersonations in commercial products in Washington, advertising, or fundraising require the rights owner's consent. The impersonation must falsely portray an identifiable person and appear genuine.
Violating covered identity rights carries a $3,000 civil penalty plus actual losses and related profits. Misusing a deceptive digital impersonation also requires compensation for harm such as emotional distress.
Argument forPeople whose digital likenesses are misused could recover compensation for emotional harm, even when the unauthorized use earns no profit.
Argument againstNonprofit groups could face a $3,000 penalty plus damages for deceptive digital impersonations used in fundraising without the rights owner's consent.
More detail
People and organizations need the rights owner's consent for covered uses of deceptive digital impersonations. Covered uses include commercial products in Washington, advertising, and fundraising. Digital impersonations can be stored images or recordings or live transmissions. The image or voice must be digitally made or altered, indistinguishable from a genuine image or recording, and likely to fool a reasonable person. It must misrepresent the person's appearance, speech, or conduct. Consent can be written or spoken, expressly given or implied. The rules apply even when the use earns no profit.
People who violate covered identity rights owe a $3,000 civil penalty, compensation for actual losses, and profits tied to the violation. The penalty applies to covered misuse of identity features, such as names, voices, and images. Additional compensation for emotional harm applies to deceptive digital impersonations. Profits already counted in actual losses cannot be counted again. For a deceptive digital impersonation, compensation also covers harm without a direct dollar value, such as emotional distress, even if the misuse earns no profit. When calculating damages set by law, copies or repeated displays tied to one work count as one violation.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 16Effective date 6/11/2026.Latest
- Mar 16Chapter 69, 2026 Laws.Major
- Mar 16Governor Bob Ferguson signed.Became Law
- Mar 9Delivered to Governor.To Governor
- Mar 5Speaker signed.Passed House
- Mar 5President signed.Passed Senate
- Mar 4Third reading, passed; yeas, 85; nays, 9; absent, 0; excused, 4.Minor
- Vote recorded 3rd Reading & Final Passage (#21). Result: pass.Lower
- Mar 4Rules suspended. Placed on Third Reading.Minor
- Mar 2Rules Committee relieved of further consideration. Placed on second reading.Minor
- Feb 25Referred to Rules 2 Review.Minor
- Feb 25CRJ - Majority; do pass.Minor
- Feb 25Executive action taken in the House Committee on Civil Rights & Judiciary at 8:00 AM.
- Feb 20Public hearing in the House Committee on Civil Rights & Judiciary at 10:30 AM.
- Feb 9First reading, referred to Civil Rights & Judiciary.Minor
- Feb 5Third reading, passed; yeas, 47; nays, 0; absent, 0; excused, 2.Minor
- Vote recorded 3rd Reading & Final Passage (#7). Result: pass.Upper
- Feb 5Rules suspended. Placed on Third Reading.Minor
- Feb 51st substitute bill substituted (LAW 26).Major
- Feb 4Placed on second reading consent calendar.Minor
- Jan 30Passed to Rules Committee for second reading.
- Jan 29LAW - Majority; 1st substitute bill be substituted, do pass.Major
- Jan 29Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.
- Jan 27Public hearing in the Senate Committee on Law & Justice at 8:00 AM.
- Jan 12First reading, referred to Law & Justice.Minor
- 2025
- Dec 15Prefiled for introduction.Introduced
AI & Privacy