Washington expands personality rights to cover AI deepfakes

September 27, 2026

Washington's personality rights law now covers "forged digital likenesses," with a $3,000 civil penalty plus damages and emotional-harm recovery.

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The short version

  • Washington's personality rights law (RCW 63.60) now protects your "forged digital likeness," meaning a realistic AI-altered image or voice recording of you that misrepresents what you did or said.
  • Infringers face a $3,000 civil penalty plus actual damages and profits. For forged digital likenesses, they are also liable for noneconomic damages, such as emotional harm, even if they made no profit.
  • The change (SSB 5886, Chapter 69, Laws of 2026) took effect June 11, 2026.

What the law does

Washington already gave every individual a property right in their name, voice, signature, photograph and likeness. SSB 5886 adds "forged digital likeness" to that list. That is a visual representation or audio recording of an identifiable person, stored or transmitted in real time, that:

  • has been digitally created or altered to be indistinguishable from a genuine one,
  • misrepresents the person's appearance, speech or conduct, and
  • is likely to deceive a reasonable person into believing it is genuine.

Using a forged digital likeness on goods, in advertising, or for fundraising without consent infringes the right, whether or not the use is for profit. Courts can grant injunctions, order infringing materials impounded or destroyed, and award attorney's fees to the prevailing party.

Who it protects

Every individual, living or deceased. The chapter is written to apply regardless of where the person lives or lived.

What it means for you

Creators and actors: An AI deepfake of you used in an ad or fundraising appeal in Washington can support a claim, including for emotional harm.

Brands and agencies: Never use AI to put a real person in an ad without clear consent.

What it doesn't do

  • It applies to uses on goods, in advertising and in fundraising. It isn't a general ban on deepfakes.
  • The chapter's existing exemptions (RCW 63.60.070), including for news and certain expressive works, still apply.
  • Using a person's likeness in one work counts as a single infringement for computing statutory damages, however many copies are made.

Status and key dates

  • March 16, 2026: Signed by Governor Ferguson.
  • June 11, 2026: In effect.

Frequently asked questions

What is a forged digital likeness in Washington? A digitally created or altered image or audio recording of a real, identifiable person that is indistinguishable from a genuine one, misrepresents them, and is likely to deceive a reasonable person.

How much can I recover? The infringer is subject to a $3,000 civil penalty and liable for actual damages and attributable profits. For forged digital likenesses, noneconomic damages are also available.

What you can do

  • Save copies and links of any ad or appeal using a fake version of you.
  • Ask for removal in writing and consult a Washington lawyer about an injunction.

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