Hawaii Senate Bill 2687 – Deepfake Legality and Implications

1. Overview

Hawaii Senate Bill became law on July 5, 2024, to ban the application of AI-based deepfakes during elections.  Disseminating materially deceptive media, which includes AI-generated content used to misrepresent an individual, but not a clear disclaimer, is banned by the law. It aims at preventing voter manipulation and at protecting electoral integrity.

2. Scope of the Law

SB 2687 applies from the first working day of February in even-numbered years through the general election. The law targets AI-generated content that:

• Irrationally presents the speech or acts of an individual.
• It is aimed at damaging the reputation of the candidate or his/her chance to be elected.
• It could deceive the voters by falsely portraying.

Media is exempt if it carries a disclaimer stating it has been altered. The disclaimer must be audible or clearly visible across the entire duration of the media.

3. Key Provisions

• Prohibition on Distribution: Bans materially deceptive media without disclaimers during the covered election period.
• Disclaimer Requirements: Disclaimers should be consistent, legible, and should continue up to the end of the content.

4. Fines & Enforcement

Violation of SB 2687 may draw criminal punishment. Fines and prison sentences are imposed by the courts. Enforcement rests with the State Election Commission in cooperation with law enforcement.

5. Comparison to Global Standards

The law reflects broader global efforts to regulate AI in elections. The European Union’s Digital Services Act, for instance, requires transparency in online political content and seeks to curb deceptive media. SB 2687 falls within these principles yet creates an actionable guide to AI-generated campaign material.

6. Implications

• Political Campaigns: They have to make sure that an adequate disclaimer has been placed on any AI-generated ads or face fines.
• Content Creators: They must ensure that they adhere to disclosure regulations in creating the edited political media.
• Voters: They need to be careful when using digital material and keep in mind laws related to disclosure in election periods.

7. Future Outlook

SB 2687 could need revisions as deepfake technology advances due to emerging issues. Its effectiveness will be monitored by the law ecosystem, and amendments are likely to be made to provide increased protection to electoral integrity and personal privacy.