Hawaii House Bill 1766 (HB 1766) – Deepfake Legality and Implications

1. Overview

Hawaii House Bill 1766 (HB 1766) was proposed in January of 2024 to regulate the use of deepfakes (AI-generated) during elections. The bill banned synthetic media covering a false depiction of a candidate or political party within less than ninety days prior to a primary or a general election. It was designed to secure the electorate against misinformation and retain democracy.

2. The scope of the Law Scope of the Law

The law was applied to the people and groups that disseminate manipulated media in electioneering communication. Artificial intelligence (AI)-generated altered content presenting a misrepresentation of a candidate as either speech or behavior was termed as synthetic media messages. The constraints were specifically applicable to the material released within the ninety days before an election.

3. Key Provisions

• Banning Distribution: Unlawful false representation of an election within ninety days by slapping a message that contains a ban on synthetic media into political advertising that was aberrantly depicting a candidate or a party.
• Disclosure Requirements: All edited material was to be accompanied by a clear disclosure that it was manipulated and did not represent an actual picture of the candidate.
• Enforcement Mechanisms: The Campaign Spending Commission could research infringements and impose penalties.

4. Penalties & Enforcement

The civil penalties may include fines for violations. Injunctive relief provisions allow candidates who have been misrepresented in the synthetic media to make court orders to stop the further circulation.

5. Practical Implications

• Political Campaigns: Campaigns will need to have disclaimers on any AI-generated/altered media to ensure compliance.
• Creators: Creators have to be compliant with the disclosure regulations, otherwise face penalties.
• Voters: The legislation will heighten media literacy regarding deceptive media and safeguard against altered election advertising.

6. Future Considerations

With the further development of AI technologies, HB 1766 can undergo some changes to overcome new challenges. It will be continuously monitored to identify any need for additional legislative changes that will ensure the integrity of the elections and safeguard the trust that voters place in them.