Hawaii Deepfake Law: Act 247 Lets Victims Sue (2026)
Hawaii Deepfake Law: Act 247 Lets Victims Sue (2026)
Hawaii Governor Josh Green signed HB 2137 into law as Act 247 on July 14, 2026, creating a new state civil cause of action letting people sue over unauthorized, realistic AI-generated deepfakes of themselves, with statutory damages up to $25,000 per item plus injunctions and punitive damages.
Information last verified on July 15, 2026. This is a developing story; we update it as the record changes.
This article covers Hawaii state law only. It does not address federal deepfake statutes, other states' laws, or Hawaii's separate (and since-invalidated) election deepfake disclaimer law, except where noted for comparison.
What Happened
Governor Josh Green signed House Bill 2137 into law as Act 247 on Tuesday, July 14, 2026, according to the Hawaii State Legislature's bill page and the Governor's office. The measure moved through the 2026 regular session of the Thirty-Third Legislature, passing through multiple House and Senate drafts (HD1 through HD3, SD1, SD2, and a conference draft, CD1) before it was enrolled and transmitted to the Governor in early May 2026.
Act 247 establishes what the legislature and Governor's office describe as consumer protection standards for deepfake technology, defining harmful uses of AI-generated digital replicas and creating a private civil remedy for people injured by them. The law lets a person harmed by an unauthorized, realistic AI-generated imitation of their voice, face, likeness, or performance bring a civil action seeking injunctive relief, punitive damages, and either actual damages or statutory damages of up to $25,000 per piece of harmful content, whichever a claimant elects to pursue.
The enrolled bill's effective-date provision states the act takes effect upon approval, meaning it became operative on the same day Governor Green signed it. The Governor signed a companion measure the same day, Senate Bill 3001, enacted as Act 248, which addresses disclosure requirements for AI companion chatbots, particularly around use by minors. Reporting from Hawaii News Now, KHON2, and Big Island Video News on July 14 and 15, 2026 corroborates the bill number, act number, signing date, and the $25,000 statutory damages figure.
Because the enrolled Act 247 text reviewed for this article does not appear to have been assigned a Hawaii Revised Statutes chapter or section number as of publication, this article describes the measure as creating a new civil cause of action rather than citing a specific codified section. We will update this article once the official codification is confirmed.
What the Law Actually Says
Deepfakes are AI-generated audio, video, or images that realistically depict a real person saying or doing something they never said or did. Act 247 targets a specific category: unauthorized, realistic digital replicas or imitations of a real person's voice, face, likeness, or performance, created or distributed without that person's consent.
Rather than creating a new crime, Act 247 works like other digital-replica and right-of-publicity torts found in various state laws: it gives the harmed individual, not just a prosecutor, standing to sue in civil court. The available remedies are broad. A court can order the defendant to stop distributing the content (injunctive relief). A plaintiff can seek actual damages, including for reputational injury or emotional distress, or elect statutory damages of up to $25,000 per piece of content instead of proving actual losses dollar-for-dollar. Punitive damages are also available, which are intended to punish especially harmful conduct rather than simply compensate the victim.
The legislature's stated findings, reflected in committee reports during the bill's progress through the House and Senate, tie the law to documented harms, including identity theft, financial fraud, election interference, cyberbullying, and non-consensual intimate imagery generated through AI tools. At the same time, lawmakers stated an intent to preserve constitutional protections for parody, satire, and journalism, consistent with concerns that shaped an earlier, unrelated Hawaii deepfake law.
That earlier law, Act 191 from 2024, targeted deepfakes used to deceive voters near elections and required disclaimers on certain AI-generated political content. A federal judge struck that law down as unconstitutional in January 2026, finding its restrictions on political speech were too vague. Act 247 is a different statute aimed at personal harms rather than election-related political speech, though any new civil-liability law that touches AI-generated expression can expect scrutiny over how it interacts with the First Amendment. For more on how Hawaii's deepfake framework has developed, see our overview of Hawaii deepfake laws and the broader 50-state deepfake law tracker.
Analysis: Why This Matters
The following is analysis from the Recording Law Editorial Team.
Act 247 fits a pattern showing up across state legislatures in 2025 and 2026: rather than trying to ban deepfake technology outright or police it exclusively through criminal law, states are increasingly giving individuals a direct civil remedy against unauthorized, harmful AI replicas of themselves. That approach sidesteps some of the vagueness problems that sank Hawaii's earlier election deepfake law, since a civil right of action tied to identifiable personal harm, rather than a content-based restriction on political speech, sits on different constitutional footing.
The statutory damages figure is notable on its own terms. A $25,000-per-item cap gives plaintiffs a meaningful recovery even when proving actual financial loss from a single piece of deepfake content would be difficult, such as harm to reputation or emotional distress that is real but hard to price. Pairing that figure with the availability of punitive damages and injunctive relief gives Hawaii courts several distinct tools depending on what a plaintiff is actually trying to accomplish: stopping ongoing distribution, compensating a proven loss, or punishing deliberate misconduct.
It is also worth placing Act 247 alongside the federal picture. Congress passed the DEFIANCE Act to give victims of non-consensual intimate deepfake images a federal civil right to sue, and our coverage of that law explains how it interacts with state remedies. Hawaii's Act 247 is broader in subject matter, covering deepfakes tied to fraud and identity theft as well as intimate imagery, and it operates independently of, not as a substitute for, whatever federal claims a victim may also have. See our reporting on the federal DEFIANCE Act deepfake lawsuit right for that comparison.
How This Affects You
If you live in Hawaii and believe someone has created or distributed a realistic, unauthorized AI-generated deepfake of your voice, face, likeness, or performance, Act 247 may give you a civil claim against the person responsible, separate from any criminal complaint you might also be able to file. The law is new, took effect July 14, 2026, and has not yet been tested in Hawaii courts, so how judges will interpret terms like realistic digital imitation or harmful use remains to be seen as cases are filed.
Hawaii businesses and platforms that host user-generated AI content, along with anyone using AI tools to generate images, audio, or video of real people, should treat Act 247 as a new compliance consideration alongside Hawaii's broader approach to AI regulation. Our page on Hawaii's AI laws covers how this measure fits into the state's wider AI regulatory landscape, including the companion chatbot disclosure law, Act 248, signed the same day.
This article is for general information about a newly signed Hawaii law and is not legal advice. Deepfake and digital-replica law is new and developing, and how Act 247 applies to any specific situation depends on facts a court would need to evaluate. If you believe you have been harmed by a deepfake, consult a licensed Hawaii attorney about your options.
Last updated: 2026-07-15. This is a developing story; details verified as of 2026-07-15.
More Hawaii Laws
Frequently Asked Questions
What is Hawaii's new deepfake law?
Act 247, formerly House Bill 2137, is a Hawaii state law signed on July 14, 2026, that creates a civil cause of action for people harmed by unauthorized, realistic AI-generated digital replicas of themselves, commonly called deepfakes.
When did Act 247 take effect?
The law took effect immediately upon Governor Josh Green's signature on July 14, 2026, under the enrolled bill's effective-date provision.
How much money can someone recover under Act 247?
The law allows statutory damages of up to $25,000 per piece of harmful deepfake content, in addition to any actual damages a person can prove, plus the possibility of punitive damages and a court order (injunction) blocking further distribution.
Who can be sued under Hawaii's deepfake law?
Act 247 lets a person harmed by an unauthorized, realistic AI-generated digital replica bring a civil claim against the party responsible for creating or distributing that content, subject to the law's definitions and any constitutional defenses that may apply.
Does Act 247 replace Hawaii's earlier deepfake law?
No. Act 247 is a separate, newer law focused on personal civil remedies. It is distinct from Act 191, the state's 2024 election-focused deepfake disclaimer law that a federal judge struck down on free speech grounds in January 2026.
What is Act 248, the companion law signed the same day?
Act 248, from Senate Bill 3001, addresses conversational AI companion chatbots, focusing on disclosure and protections for consumers, including minors, who interact with these systems.
Does Act 247 exempt parody, satire, or journalism?
Lawmakers stated an intent to protect constitutional rights to free expression, parody, satire, and journalism while targeting malicious deepfake uses, though the precise scope of any exemption depends on the statutory text and how courts apply it.
Where can I read the official text of Act 247?
The bill's full legislative history and enrolled text are available on the Hawaii State Legislature's website at capitol.hawaii.gov under HB 2137 for the 2026 regular session.
Sources and References
- Hawaii State Legislature bill page for HB 2137 (2026 Regular Session)(capitol.hawaii.gov).gov
- Office of the Governor news release: Governor Green Enacts Key Legislation(governor.hawaii.gov).gov
- KHON2: Gov. Green signs laws to boost AI protections in Hawaii(khon2.com)
- Hawaii News Now: Gov. Green signs bills to support kupuna, set AI guardrails(hawaiinewsnow.com)
- LegiScan bill tracking and status history for Hawaii HB 2137 (2026)(legiscan.com)