In one paragraph
Hawaii's HB 2137 (Act 247 of 2026) adds a new HRS chapter making it unlawful to knowingly publish a realistic digital imitation (a highly realistic AI-generated depiction, audio or video of a real person's voice, face or likeness in a work they did not perform in) without the person's express written consent if it is used in an advertisement, causes harm, or is used for fraud, defamation, harassment or other crimes. Parody, satire, commentary, news and documentaries are exempt. The person or their estate (up to 10 years after death) may sue for an injunction, up to $25,000 per advertisement or actual damages, punitive damages if malice is proven, and fees. Act 247; effective July 14, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Advertisers and content creators need express written consent to knowingly publish a realistic AI imitation of a person's voice, face or likeness in an ad or in a harmful way; violators face injunctions, up to $25,000 per ad or actual damages, and punitive damages if malice is proven.
Key provisions
- New HRS chapter (Artificial Intelligence; Digital Imitation; Personal Likeness; Protections). Digital imitation: any highly realistic AI-generated depiction, audio or video derived from identifying characteristics of an actual, particular individual that portrays the individual's voice, face or likeness in a sound recording or audiovisual work in which the individual did not actually perform or appear; realistic: so lifelike that a reasonable person would believe it authentic; consent: express, written permission from the individual or an authorized representative
- § -2: unlawful for any person to knowingly publish a realistic digital imitation of an identifiable individual without consent if it (1) is used in connection with an advertisement, (2) causes harm (reputational injury, financial loss, emotional distress or misappropriation of identity for commercial gain), or (3) is used to commit fraud, defamation, harassment or other criminal acts
- § -3 exemptions: AI-generated or altered content that is parody, satire, commentary, criticism, scholarship, or political or educational expression; news reporting illustrating a story; a documentary, historical or biographical representation (including some fictionalization); and advertisements for such works where the imitation is relevant to the subject
- § -4: the individual, or the estate for up to ten years after death, may sue for injunctive relief (including removal or ceasing distribution), monetary damages of up to $25,000 per advertisement or actual damages (including reputational injury and emotional distress), punitive damages where malice is proven, and reasonable attorneys' fees and costs; the chapter 657 limitation period is not extended
- The attorney general may sue for injunctive or other equitable relief where the distribution of realistic digital imitations involves broad public interest or widespread harm; other remedies remain available
- § -5: applies to the fullest extent permitted by federal law; does not apply to media that publish or disseminate third-party content (newspapers, magazines, TV networks and stations, streaming services, cable systems, transit advertisements) for that role only; does not limit or expand 47 U.S.C. § 230 protections
- Became Act 247 of 2026 on July 14, 2026 (Gov. Msg. No. 1349); takes effect upon approval; does not affect rights, penalties or proceedings that matured or began before its effective date
Latest legislative action
Jul 14, 2026. Act 247, on 07/14/2026 (Gov. Msg. No. 1349).
Sponsors (showing 5 of 24)
| Name | Role | District |
|---|---|---|
| Amy Perruso D | Sponsor | HD-046 |
| Cory Chun D | Sponsor | HD-035 |
| Darius Kila D | Sponsor | HD-044 |
| David Tarnas D | Sponsor | HD-008 |
| Della au Belatti D | Sponsor | HD-026 |
Roll call votes (showing 3 of 5)
H House Conference: Passed, With Amendments Apr 28, 2026
6 yea0 nayPassed
S Senate Conference: Passed, With Amendments Apr 28, 2026
3 yea0 nay1 otherPassed
S Senate Judiciary: Passed, With Amendments Apr 2, 2026
4 yea0 nay1 otherPassed
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