AI Frontier Institute

Relating To Artificial Intelligence.

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Hawaii H.B. 2137 (H.D. 3 / S.D. 2 / C.D. 1), introduced in the Thirty-Third Legislature (2026), creates a new chapter of the Hawaii Revised Statutes governing AI-generated realistic digital imitations of individuals. Section 1 finds that deepfake technology enables harmful identity imitation—including fraud, election interference, and non-consensual pornography—and that expert detection rates are as low as 62 percent. The bill's stated purpose is to prohibit certain harmful uses of AI-generated personal likenesses and to provide civil remedies. Section 2 (§-2) makes it unlawful to knowingly publish a realistic digital imitation of an identifiable individual without consent if it is used in an advertisement, causes harm, or is used to commit fraud, defamation, harassment, or other criminal acts. Section 3 (§-3) exempts parody, satire, commentary, criticism, scholarship, political or educational expression, news reporting, documentary or biographical representations (with some fictionalization), and advertisements for such exempt works. Section 4 (§-4) establishes civil remedies, allowing injured individuals or their estates—for up to ten years after the individual's death—to seek injunctive relief (including removal orders), monetary damages up to $25,000 per advertisement or actual damages for reputational injury and emotional distress, punitive damages where malice is proven, and reasonable attorneys' fees and court costs. The Attorney General may also bring equitable actions where widespread public harm is involved. Section 5 (§-5) limits liability of passive media platforms disseminating third-party content and preserves existing Section 230 protections. The Act takes effect upon approval.

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