In one paragraph
Hawaii's HB 1766 (2024, H.D. 1) would have barred distributing, within ninety days before a primary or general election, an advertisement containing a deceptive and fraudulent deepfake of a candidate that the person knew or should have known was one, unless it carries a 'has been manipulated' disclosure. It passed the House March 5, 2024, was referred to Senate JDC March 7 and died when the 2024 session ended. The text set a July 1, 3000 effective date.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. It would have applied to anyone distributing election advertisements with deceptive candidate deepfakes, with disclosure as a defense.
Key provisions
- New HRS chapter 11 section: no distributing a synthetic media message in an advertisement within 90 days before a primary or general election that the person knows or should have known is a deceptive and fraudulent deepfake of a candidate
- Safe harbor if the ad states 'This [image/audio/recording/video recording] has been manipulated', read at the start and end of audio and at least every two minutes, or shown in readable text for a video's full duration
- Remedies: injunctive relief sought by any person, including against anyone who knowingly or intentionally hosts such a deepfake on a website or platform; Campaign Spending Commission investigation and administrative fines (amount unstated); damages suits with attorneys' fees to the prevailing party
- Exemptions: broadcasters airing bona fide news coverage that acknowledges questions about authenticity, broadcasters paid to air ads after a good-faith check, websites or periodicals that clearly state the content is inaccurate, and satire or parody
- Deceptive and fraudulent deepfake: synthetic media of a candidate made with intent to injure the candidate's reputation or deceive a voter that appears to show something that did not occur or gives a fundamentally different impression than the original
- Passed the House March 5, 2024; referred to Senate JDC March 7, 2024; never enacted; text says effective July 1, 3000
Latest legislative action
Mar 7, 2024. Referred to JDC.
Sponsors (showing 5 of 48)
| Name | Role |
|---|---|
| AMATO | Primary |
| BELATTI | Primary |
| BRANCO | Primary |
| Brower | Primary |
| CACHOLA | Primary |
Roll call votes
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Feb 7, 2024
10 yea0 nayPassed
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error