Hawaii Act 247 (HB 2137, 2026): realistic AI digital imitations

Binding law — in force

Obtain express written consent before publishing a realistic AI imitation of an identifiable person (Hawaii Act 247, 2026)

Act 247 (2026), sec. 2, new HRS chapter, section -1 ('Advertisement', 'Artificial intelligence') · official text · In force: applies since 14 Jul 2026 · Hawaii (US-HI)

From 2026-07-14, it is unlawful for any person to knowingly publish a realistic digital imitation of an identifiable individual without that individual's consent (express, written permission from the individual or an authorized representative) if the imitation is used in connection with an advertisement, causes harm (reputational injury, financial loss, emotional distress or misappropriation of identity for commercial gain), or is used to commit fraud, defamation, harassment or other criminal acts (Act 247, new HRS chapter, section -2). A digital imitation is a highly realistic AI-generated depiction, audio or video derived from an actual, particular individual's identifying characteristics, portraying their voice, face or likeness in a work in which they did not perform or appear. The individual or estate (for ten years after death) may sue for an injunction, damages of up to $25,000 per advertisement or actual damages, punitive damages and fees; the attorney general may seek injunctive relief. Detect ad or publishing features that clone voices or swap faces with no consent record.

Who it applies to

• Duty falls on: any person
• Any person who knowingly publishes (displays, presents or releases to the public) a realistic AI-generated digital imitation of an identifiable individual without express written consent, where the imitation is used with an advertisement, causes harm, or is used for fraud, defamation, harassment or other crimes, to the fullest extent permitted by federal law. In force 2026-07-14. The advertising branch is the one a generation product can gate in code; harm and criminal use depend on the use and are human determinations, as is knowledge.
• Not covered:
  • Parody, satire, commentary, criticism, scholarship, or political or educational expression (section -3(1))
  • News reporting where the AI content illustrates a story (section -3(2))
  • A representation of the individual as the individual in a documentary or a historical or biographical manner, including some fictionalization (section -3(3))
  • An advertisement or commercial announcement for such content, where the imitation is relevant to the subject of the work (section -3(4))
  • Any medium used for publishing or disseminating third-party content (newspapers, magazines, television, streaming, cable, transit advertisements), for its role in publishing or disseminating it (section -5(b))
• Whether it applies depends on facts outside the code; a person has to decide.

def build_ad_creative(person_id, frame, target_face, source_face):
    out = swapper.get(frame, target_face, source_face, paste_back=True)
    cv2.imwrite('/tmp/ad.png', out)
    s3.upload_file('/tmp/ad.png', 'campaign-public', f'ads/{person_id}.png')

def build_ad_creative(person_id, frame, target_face, source_face):
    release = consents.get(person_id=person_id, scope='commercial')
    if release is None or release.revoked_at:
        raise ConsentRequired('no commercial likeness release for this person')
    out = swapper.get(frame, target_face, source_face, paste_back=True)
    cv2.imwrite('/tmp/ad.png', out)
    s3.upload_file('/tmp/ad.png', 'campaign-public', f'ads/{person_id}.png',
                   ExtraArgs={'Metadata': {'talent_release_id': str(release.id)}})

Rule id hi-hb2137.realistic-digital-imitation-consent · review status: primary source derived