California SB 1111: digital replica protections signed into law

The short version

• SB 1111 clarifies that California's main right of publicity statute, Civil Code § 3344, covers digital replicas of a living person's voice or likeness.
• It also clarifies that criminal false impersonation includes using a digital replica with intent to impersonate someone.
• The Governor approved it on September 30, 2026. It is Chapter 862 and takes effect January 1, 2027.

What the law does

SB 1111, by Senator Angelique Ashby, is a short bill with two parts.

Right of publicity. Civil Code § 3344 already lets you sue anyone who knowingly uses your name, voice, signature, photograph or likeness on products or in advertising without your consent. The minimum recovery is $750 or your actual damages, whichever is greater, plus attributable profits. Punitive damages and attorney's fees are also available. SB 1111 adds one sentence: for this section, a voice or likeness "includes a digital replica," using the definition already in Civil Code § 3344.1. That covers a computer-generated, highly realistic representation readily identifiable as you, in a work where you did not perform or where your performance was materially altered.

The law also removes an existing rebuttable presumption. Under current law, when an employee's photograph or likeness appears incidentally in their employer's ad, failing to get consent is presumed not to be a "knowing" use.

False impersonation. SB 1111 adds Penal Code § 540. For any California crime that requires false impersonation, such as Penal Code sections 528.5, 529 and 530, false impersonation would include using a digital replica with the intent to impersonate another person.

Who it protects

Living people in California whose voice or likeness is used commercially without consent, and anyone targeted by impersonation through an AI replica. Deceased personalities are already covered separately by § 3344.1, as amended by AB 1836.

What it means for you

Creators and performers: The law removes any argument that an AI replica of your voice or face falls outside § 3344 when it is used in ads or on products.

Brands and agencies: An AI-generated lookalike or soundalike of a real person in an ad would clearly need that person's consent.

Everyone: Using an AI replica to impersonate someone, for example to commit fraud, would clearly fall within California's impersonation crimes.

What it doesn't do

• It does not create a new standalone right. It clarifies how existing law applies.
• It keeps § 3344's existing exemptions for news, public affairs, sports and political campaigns, and the protections for media that publish ads without knowing a use is unauthorized.
• It does not regulate AI companies or tools directly. An earlier version of the idea, SB 11 (2025), included a consumer warning requirement for AI tools and was vetoed. SB 1111 omits that requirement.
• It was approved by the Governor on September 30, 2026, and filed as Chapter 862.

Status and key dates

• February 17, 2026: Introduced.
• April 30, 2026: Passed the Senate, 36–0.
• August 28, 2026: Passed the Assembly, 77–1.
• September 8, 2026: Enrolled and presented to the Governor.
• September 30, 2026: Approved by the Governor and filed with the Secretary of State as Chapter 862.
• Effective date: January 1, 2027.

Frequently asked questions

Has California SB 1111 been signed? Yes. Governor Newsom approved it on September 30, 2026, and it was filed as Chapter 862. It takes effect January 1, 2027.

Does California's right of publicity already cover AI replicas? California Civil Code § 3344 covers name, voice, signature, photograph and likeness. SB 1111 would state expressly that voice or likeness includes a digital replica, so the question doesn't need to be litigated.

Would SB 1111 make deepfakes illegal? Not in general. It would confirm civil liability for unconsented commercial uses of a replica and confirm that replica-based impersonation counts under existing impersonation crimes.

What you can do

• Review the official Chapter 862 text and bill history on leginfo.legislature.ca.gov.
• If you find an AI replica of you in an ad now, document it. Existing § 3344 may already apply.
• Review any consent you give for ads so it clearly covers, or excludes, AI-generated versions of you.

Royall helps you keep a record of what you have and haven't consented to.

Sources

• SB 1111 (2025–2026), enrolled text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB1111
• SB 1111 bill history: https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=202520260SB1111
• California Senate Public Safety Committee analysis (April 21, 2026 hearing): https://spsf.senate.ca.gov/system/files/2026-04/sb-1111-analysis.pdf
• California Constitution, art. IV, § 10: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?article=IV&lawCode=CONS&sectionNum=SEC.+10.

Last verified: 2026-10-04

This is general information, not legal advice.