USA:KENTUCKY HB 21

1. Overview

Kentucky passed House Bill 21 (HB21) in 2025 which looks to take on the misuse of AI-generated “deepfakes.” The legislation intends to shield individuals from unwanted digital impersonation while safeguarding legitimate uses such as satire, parody, and legitimate journalism.

2. Scope of the Law

HB21 aims at the production and/or distribution of deepfakes which impersonate individuals viewed as participating in acts or delivering words that they did not perform. The law applies to the making and distribution of deepfakes, without the permission of the person being portrayed. The law provides several exemptions for the use of deepfakes, including: use in the course of a criminal investigation, reporting of illegal activity, medical or mental health treatment, to promote a commercial venture with appropriate informed consent, issues of public interest, genuine scientific study or educational use, lawful judicial proceedings, and deepfakes involving parody, satire, or entertainment with appropriate disclosures.

3. Key Provisions

• Prohibited conduct: It’s prohibited to make available a deepfake of a person without the person’s consent, especially if you intend to harm the person.
•  Consent requirements: Just because a person consented to develop a deepfake does not mean the person consented to use it.(( [BillTrack50][1] ))
• Platform liability: An interactive computer service does not become the publisher or speaker of information content provided by another information content provider and does not have liability under this section.

4. Penalties & Enforcements

If you violate HB21, you can incur civil remedies such as injunctive relief, actual, and punitive damages, costs of court, and reasonable attorney’s fees. Depending on the circumstances surrounding the deepfake, you could be charged with a Class D felony if you spread it to harass, threaten, or cause serious bodily harm.

5. Notable Cases or Precedents

Up to this point, no cases exist that challenge HB21 in any court.

6. Consistency with International Norms

Compared with certain U.S. state laws, Kentucky’s HB21 is more pronounced in language with actual exemptions and civil and criminal provisions. Nonetheless, it could be characterized as less strict than the EU’s AI Act which is more extensive in obligations imposed on AI-created content.

7. Some Practical Considerations

Creators must prove they have consent before they produce or share deepfakes. The victim may pursue remedies under HB21. The platforms must know their obligations and protections conferred by the statute.

8. Forward Outlook with Future Planning

With the development of AI technology, Kentucky can anticipate amendments to HB21 to address and reduce future complications in keeping the law responsive to securing the rights of individuals.