HI SB309: Relating To Privacy.

In one paragraph

Hawaii's SB 309 (Act 59 of 2021) adds sexual deep fakes to the felony of violation of privacy in the first degree (HRS § 711-1110.9). A person commits it by intentionally creating, disclosing or threatening to disclose an image or video of a composite fictitious person shown nude or engaged in sexual conduct that includes a known person's recognizable physical characteristics, so it appears to depict that person, with intent to substantially harm them or as revenge or retribution. The public-nudity and commercial-transaction exemptions do not apply to it. It is a class C felony. Became Act 59 June 23, 2021; effective on approval.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

No duties for businesses. Creating or sharing sexual deep fakes of a real person with intent to harm is a class C felony in Hawaii; communication and remote computing service providers are not liable for images others disclose through them.

Key provisions

1. 1Adds § 711-1110.9(1)(c): intentionally creating, disclosing or threatening to disclose an image or video of a composite fictitious person depicted in the nude or engaged in sexual conduct (as defined in § 712-1210) that includes the recognizable physical characteristics of a known person, so that it appears to depict the known person and not a composite fictitious person
2. 2Intent required: to substantially harm the depicted person with respect to health, safety, business, calling, career, education, financial condition, reputation or personal relationships, or as an act of revenge or retribution
3. 3The exemptions for images made when the person was voluntarily nude or engaged in sexual conduct in public, or under a voluntary commercial transaction, apply "other than as prohibited in paragraph (1)(c)", so they do not cover the deep fake offense
4. 4Providers of electronic communication service or remote computing service (as defined in § 803-41) are not liable for an image or video disclosed through their service by another person
5. 5Violation of privacy in the first degree is a class C felony; the court may order destruction of any recording made in violation, and any recording or image not destroyed must be sealed and remain confidential
6. 6Findings: the twenty-first century privacy law task force created under H.C.R. No. 225 (2019) recommended laws prohibiting unauthorized use of deep fake technology, which creates synthetic media replacing a person in an image or video with another person's likeness
7. 7Became Act 59 of 2021 on June 23, 2021 (Gov. Msg. No. 1160); Section 4: takes effect upon approval

Latest legislative action

Jun 23, 2021. Act 059, 06/23/2021 (Gov. Msg. No. 1160).

Sponsors

Roll call votes (showing 3 of 5)