In one paragraph
Hawaii's Senate Bill 2396 (2024) would have barred anyone from distributing, within 90 days before a primary or general election, a synthetic media message in an electioneering communication that the person knows or should have known is a deceptive and fraudulent deepfake of a candidate or party, unless it carries a disclosure that it was manipulated or generated by artificial intelligence. JDC deferred it February 9, 2024 and it died at the end of the 2023-2024 biennium.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill was not enacted. If enacted, anyone distributing election deepfakes within 90 days of an election without the AI disclosure would have faced injunctions, damages and fines.
Key provisions
- Would have prohibited distributing, within 90 days before a primary or general election, a deceptive and fraudulent deepfake of a candidate or party in an electioneering communication
- Safe harbor: a disclosure stating the media 'has been manipulated or generated by artificial intelligence', with set audio and visual formats
- Depicted candidates could have sought an injunction or sued for damages and attorneys' fees; the campaign spending commission could have investigated and assessed administrative fines, with no amounts set
- Exemptions for broadcasters airing bona fide news or acting in good faith, websites and periodicals that clearly disclaim the content, and satire or parody
- Introduced January 19, 2024; referred to JDC January 22, 2024; deferred February 9, 2024; stated effective upon approval
Latest legislative action
Feb 9, 2024. The committee on JDC deferred the measure.
Sponsors
| Name | Role | District |
|---|---|---|
| Angus McKelvey D | Sponsor | SD-006 |
| Karl Rhoads D | Sponsor | SD-013 |
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