Hawai’i Legislation Passes Right Of Publicity and Deepfake Protections

The local is happy to report that on June 23, Governor Ige signed  SB 309 - Relating to Privacy (Deep Fakes). SB 309 amends HRS 711-1110.9 to include language that the creation, disclosure or threat of disclosure of nonconsensual, sexually explicit material are among the offenses constituting a violation of privacy in the first degree. This amendment will offer individuals, including performers, protections against deepfakes, which the union defines as “technologies that use artificial intelligence to turn existing images into fictional live-action performance.”

Additionally, June 7, Governor Ige signed into effect SB 714 - Relating to Publicity. With the passing of SB 714, Ige has clarified that the 2009 Hawai’i Publicity Rights Act, codified as “HRS 482P,” can now be applied retroactively to protect the publicity rights of previously deceased individuals. This is a big win for many of our performers and their families!

Big mahalos to all our Hawai'i Local members and industry partners who submitted testimony to the Legislature and contacted the Governor’s office regarding these important protections.