Hawaii House Bill 1734 (HB 1734) – Deepfake Legality and Implications

1. Overview

The goal of Hawaii House Bill 1734 (HB 1734), which was introduced on January 19, 2024, by Republican Representatives Gene Ward, David Alcos, Diamond Garcia, Elijah Pierick, and Lauren Matsumoto, is to address the growing issue of deepfakes created by artificial intelligence in political campaigns. According to the bill, a clear disclosure statement about the use of generative artificial intelligence must be included in any campaign ad that uses AI-generated images, videos, or audio recordings, and Administrative fines would be imposed on violators.

2. Scope of the Law

HB 1734 applies to all campaign advertisements where the media content is generated or altered using generative AI, regardless of whether they are broadcast, digital, or print. The bill ensured that such commercials had to prominently display that the AI technology was used in producing such ads. Besides, this step aimed at transparency by eliminating voter fraud using doctored media.

3. Key Provisions

Disclosure Mandate: Campaign ads that involve AI-created media should have clear labelling disclosing the generative artificial intelligence employed.

The Scope of application: The scope of the disclosure requirement is to all forms of campaign advertisement, be it digital, broadcast, or print media.

Penalties: Administrative fines on the culprits of the disclosure requirement would apply.

4. Penalties & Enforcement

HB 1734 suggested administrative penalties against persons or organizations who did not include the mandated disclosure, accompanied by the AI-produced campaign advertising. On January 24, 2024, the bill was directed to the House Judiciary & Hawaiian Affairs Committee and the Finance Committee. According to the available information, the bill has not reached any further stage than it passed in the form of a committee. Thus, the suggested punishments and control measures failed to become law.

5. Practical Implications

• In Political Campaigns: If HB 1734 passed, political campaigns would have been required to make sure that any ads with AI-generated content or displacement in content levels, to a significant extent, included the necessary disclosure statement.
• To Content Creators: If HB 1734 were adopted, creators of AI-based media work would have had to be conscious of the disclosure requirements and the possible punitive consequences of the distribution of such content in political ads.
• To Voters: If HB 1734 had passed, the voters would be made aware of the presence of such legislation and the need to be circumspect of any possibly misleading media that might come up during election seasons.