Hawaii's new law on unauthorized AI "digital imitations"

September 27, 2026

Hawaii now lets people sue over realistic AI imitations of their voice, face or likeness used in ads, to cause harm or to commit fraud.

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The short version

  • It is unlawful in Hawaii to knowingly publish a realistic AI "digital imitation" of an identifiable person without their written consent if it is used in an ad, causes harm, or is used for fraud, defamation, harassment or other crimes.
  • You, or your estate for up to 10 years after death, can seek removal orders, up to $25,000 per advertisement or actual damages, punitive damages where malice is proven, and attorney's fees.
  • Act 247 (HB 2137) took effect when signed on July 14, 2026.

What the law does

A "digital imitation" is a highly realistic AI-generated depiction, audio or video based on a real person's identifying characteristics, portraying their voice, face or likeness in a recording or video they didn't actually appear in. "Realistic" means a reasonable person would believe it is authentic. Consent must be express and written.

The Attorney General can also seek injunctions where the imitations involve broad public interest or widespread harm.

Who it protects

Any identifiable individual, and their estate for up to 10 years after death.

What it means for you

Everyone: If an AI fake of you is used in a scam, to harass you, or to sell something, you have a specific civil claim in Hawaii.

Brands: Written consent is required before using an AI imitation of a real person in advertising.

What it doesn't do

  • Parody, satire, commentary, criticism, scholarship, and political or educational expression are exempt. So are news reporting that uses AI content to illustrate a story, documentary or biographical portrayals, and ads for those works.
  • Newspapers, broadcasters, streaming services and other media that only carry third-party content are exempt for that role.
  • It doesn't expand or limit federal Section 230 protections for online services.

Status and key dates

  • July 14, 2026: Signed by Governor Green as Act 247 and effective on approval.

Frequently asked questions

How much can I recover under Hawaii's digital imitation law? Up to $25,000 per advertisement or your actual damages, including for reputational injury and emotional distress, plus punitive damages if malice is proven and attorney's fees.

Is AI parody legal in Hawaii? Parody, satire and commentary are exempt from this law.

What you can do

  • Keep screenshots, links and dates of any AI imitation of you.
  • Ask for removal in writing, and consult a Hawaii lawyer about an injunction or damages.

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

Sources

Last verified: 2026-09-27

This is general information, not legal advice.

onwards,
The Royall team