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Hawaii's SB1156 aims to criminalize the unlawful creation and distribution of sexually explicit deepfakes. This legislation targets individuals who create or share such content without consent, establishing clear penalties for violations. Businesses and individuals involved in media production or distribution should be aware of the implications of this bill.
Key Provisions
Establishes unlawful creation or distribution of sexually explicit deepfakes as a misdemeanor.
Defines 'deepfake' and outlines exceptions for political or newsworthy content.
Requires consent from depicted individuals for lawful creation or distribution.
Latest Legislative Action
The committee on LBT deferred the measure.
Bill Sponsors
Name
Role
District
Joy San BuenaventuraD
Sponsor
SD-002
Mike GabbardD
Sponsor
SD-021
Compliance Checklist
Obtain consent from individuals depicted in deepfakes before creation or distribution. Who: Individuals and businesses creating or distributing deepfakes. Penalty: Misdemeanor charges.
Full Legal Analysis
SB1156 introduces a new section to Hawaii's Revised Statutes, making it a misdemeanor to knowingly create or distribute sexually explicit deepfakes without the consent of the individual depicted. The bill defines 'deepfake' as any audio or visual media altered to misrepresent the actual speech or conduct of the individual. Importantly, the bill includes protections for activities that fall under First Amendment rights, such as political commentary or satire. Compliance is necessary for anyone involved in the creation or distribution of such media, with penalties including misdemeanor charges for violations. This legislation aligns with similar laws emerging in other states aimed at curbing the misuse of deepfake technology.
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