HI Deepfakes Act
Hawaii Materially Deceptive Media Act (SB 2687 / Act 191)
Prohibits distribution of materially deceptive media (deepfakes) in elections from February 1 through general election without disclaimer. Criminalizes violations with escalating penalties from petty misdemeanor to Class C felony if intent to cause violence. Private right of action for candidates, depicted individuals, and voter advocacy organizations.
Jurisdiction
Hawaii
Enacted
Jul 5, 2024
Effective
Jul 3, 2024
Enforcement
Hawaii Campaign Spending Commission; Attorney General; County Attorneys/Prosecutors
Enacted as Act 191 on July 5, 2024
Hawaii LegislatureWhy It Matters
Establishes election-specific deepfake regulation with both criminal and civil enforcement mechanisms. Private right of action for candidates and voter advocacy organizations.
Recent Developments
One of the first state laws enacted specifically addressing AI-generated deepfakes in elections. Babylon Bee filed First Amendment lawsuit challenging the law in 2024.
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- Any person distributing materially deceptive media in Hawaii elections
- Campaign communications using synthetic media
Obligations fall on:
Safety Provisions
- Prohibition on distributing deepfakes without disclaimer during election period (Feb 1 - general election)
- Required disclaimer: media has been manipulated and depicts conduct that did not occur
- Criminal penalties escalating from petty misdemeanor to Class C felony
- Civil remedies including injunctive relief
- Private right of action for candidates, depicted individuals, and voter advocacy groups
Exemptions
Disclaimer Exemption
Media containing required disclaimer is exempt
- • Includes disclaimer informing viewer media has been manipulated
Federal Broadcast Requirement
Broadcasters required to distribute media under federal law
- • Federal law or rule requires distribution
Compliance & Enforcement
Key Dates
Jul 3, 2024
All provisions take effect
Penalties
criminal liability
Private Right of Action
Individuals can sue directly without waiting for regulatory action.
Primary Source
Hawaii Legislature
https://legiscan.com/HI/bill/SB2687/2024
View on map
Hawaii
Focus Areas
General regulation
Cite This
APA
Hawaii. (2024). Hawaii Materially Deceptive Media Act (SB 2687 / Act 191).
Related Regulations
SD Deepfakes Act
Prohibits disseminating deepfakes about candidates within 90 days of election with intent to cause injury. Class 1 misdemeanor with up to 1 year imprisonment and $2,000 fine. Affirmative defense for content with AI manipulation disclosure. Civil remedies available to AG, candidates, and depicted individuals.
NH Deepfakes Act
Criminalizes fraudulent use of deepfakes as a Class B felony (1-7 years imprisonment). First state law with explicit private right of action for deepfake victims. Enhanced penalties when deepfakes result in wrongful arrest. Prohibits lobbyists who violate the law from registering.
MS Election Deepfakes Act
Criminalizes dissemination of election deepfakes without consent within 90 days of election with intent to injure candidates, influence results, or deter voting. Escalating penalties from 1 year/$5,000 to 5 years/$10,000 for repeat offenders or intent to incite violence. Private right of action for candidates and political parties.
TX AI Catfishing Law
Establishes civil liability for online impersonation using AI. Person liable if they knowingly and with intent to harm, defraud, intimidate, or threaten use AI to impersonate another's name, voice, signature, photograph, or likeness. Civil remedies include injunctive relief, actual damages, exemplary damages ($500+ minimum), costs, and attorney's fees. Satire and parody exempted.
WI Act 123 AI Deepfake Disclosure
Requires disclosure when AI is used to generate materially deceptive media in political ads. Ads must include 'This content generated by AI' notice in text and audio. Applies to candidate ads, issue advocacy ads, and referendum ads.
AR HB 1071
Amends Arkansas publicity rights law to explicitly include AI-generated reproductions of voice and likeness. Covers simulated voices and 3D generation.
Last updated January 22, 2026. Verify against primary sources before relying on this information.