Hawaii AI Laws: Act 248, Act 247 and What's Next (2027)

As of November 2026, Hawaii has enacted two AI-specific laws, both signed July 14, 2026 and in force on approval: Act 248 (SB 3001), the Artificial Intelligence Disclosure and Safety Act for AI companions, and Act 247 (HB 2137), which targets unauthorized realistic digital imitations. A federal court has permanently enjoined the State defendants from enforcing Hawaii's 2024 election deepfake law, Act 191.

This page covers Hawaii state law, with one short note on the federal layer. We reviewed the legislature's 2025 and 2026 House and Senate bill lists by title and description, and opened the measure pages named here. That was not a full-text search of the session laws, so a provision inside a broader act could be missed. For how other states compare, see the US AI laws hub.

Act 248 (SB 3001): Hawaii's AI Companion Law

The measure page records Act 248 on July 14, 2026, and the act "shall take effect upon its approval." It adds a new section to part I of HRS chapter 481B. The act leaves the section number blank for the revisor.

Who is covered. An "AI companion" is "a system using artificial intelligence, generative artificial intelligence, or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user" by doing all three of these: retaining information on prior interactions and preferences, asking unprompted emotion-based questions, and sustaining an ongoing dialogue on personal matters. An "operator" is "a person who develops and makes available an AI companion to the public." A mobile app store or search engine that merely provides access "shall not by itself constitute an 'operator'."

What every operator must do:

• Give a clear and conspicuous notice that the AI companion is not human, if a reasonable person "would be led to believe that the person is interacting with a human."
• Adopt a protocol for responding to prompts about suicidal ideation or self-harm, including reasonable efforts to refer the user to crisis services, and use evidence-based methods for measuring that risk.
• Not cause or program the companion to represent that it is designed to provide professional mental or behavioral health care.
• Institute reasonable measures to prevent outputs encouraging the user to seriously injure someone else, and to prevent a user seeking crisis help from being led to believe they are talking to a human.

What applies to minors. The disclosure rule turns on whether the operator "has actual knowledge or reasonable certainty that a user is a minor." The operator must then use a persistent visible disclaimer, or a disclosure at the start of each session plus at least an hourly reminder to take a break.

The same knowledge standard triggers four more duties. The operator may not offer points or similar rewards at unpredictable intervals with intent to increase engagement, and may not allow outputs that discourage disengagement. It must use reasonable measures against sexually explicit visual material, statements that the user should engage in sexually explicit conduct, and statements that sexually objectify the user. It must also make screen time and account tools available to users and their parents and guardians.

Enforcement. A violation is "an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2," with this limit: "nothing in this section shall be interpreted as creating a private right of action to enforce this section or to support a private right of action under any other law." The section sets no dollar amount of its own. Its report title lists the Attorney General and the Office of Consumer Protection.

The act also says it creates no liability for the developer of an AI model for a violation by a system a third party developed to provide an AI companion.

Act 247 (HB 2137): Realistic Digital Imitations

The measure page records Act 247 on July 14, 2026, and it took effect on approval. It adds a new HRS chapter, with the number left blank in the act.

A "digital imitation" is "any highly realistic AI-generated depiction, audio, or video that is derived from or based upon identifying characteristics of an actual, particular individual and portrays that individual's voice, face, or likeness in a sound recording or audiovisual work in which the individual did not actually perform or appear." "Realistic" means a reasonable person would believe it is authentic.

It is unlawful to "knowingly publish a realistic digital imitation of an identifiable individual without that individual's consent" if the imitation is used in connection with an advertisement, causes harm, or is used to commit fraud, defamation, harassment or other criminal acts. Consent means express, written permission.

The chapter does not apply to parody, satire, commentary, criticism, scholarship or political or educational expression, to news reporting that uses the content to illustrate a story, or to documentary, historical or biographical portrayals. It also does not reach the medium that merely carries third-party content, and it leaves Section 230 protections unchanged.

An individual, or an estate for up to ten years after death, may sue for injunctive relief, monetary damages of up to $25,000 per advertisement or actual damages, punitive damages where malice is proven, and attorneys' fees. The Attorney General may seek equitable relief where distribution involves broad public interest or widespread harm.

Election Deepfake Law: Act 191 (State Enforcement Enjoined)

Act 191 of 2024, codified at HRS 11-303, regulated "materially deceptive media" in election advertisements from the first working day of February in even-numbered years through the next general election. In Babylon Bee, LLC v. Lopez, Civ. No. 25-00234 (D. Haw.), the court granted the plaintiffs summary judgment on January 30, 2026, in a challenge brought under the First and Fourteenth Amendments.

The order says: "State Defendants are PERMANENTLY ENJOINED from enforcing Act 191." It found the law failed strict scrutiny and was unconstitutionally vague. The State defendants are the Attorney General, the chair, vice chair and members of the Campaign Spending Commission, and the Honolulu Prosecuting Attorney. Act 191 also lets a depicted individual and certain others sue under HRS 11-304, and by its terms the injunction binds only those defendants. We read a copy of that order as filed and have not confirmed whether the State appealed.

Hawaii Deepfake Law and AI Note-Takers

HRS 711-1110.9(1)(c) covers intentionally creating, disclosing or threatening to disclose an image or video of a composite fictitious person, depicted nude or in sexual conduct, that includes a known person's recognizable physical characteristics so it appears to depict that person. The person must act with intent to substantially harm the depicted person in listed ways, or as an act of revenge or retribution.

The offense is violation of privacy in the first degree, a class C felony, and the statute's annotation says 2021 Act 59 addressed deep fake technology. See Hawaii deepfake laws for the detail.

AI note-takers raise recording-consent questions, covered on the Hawaii AI meeting recording laws page.

AI in Insurance: Commissioner's Memorandum 2025-13A

Commissioner's Memorandum 2025-13A, on the use of AI systems in insurance, was posted December 11, 2025. The NAIC's implementation map, status as of November 3, 2026, lists it as Hawaii's adoption of the NAIC model bulletin, dated December 10, 2025.

It says decisions or actions affecting consumers that are made or supported by AI systems must comply with all applicable insurance laws and regulations. A memorandum like this is a regulator's statement of expectations under existing law, not a new law. We read only the opening of the memorandum, so this page does not describe its other terms.

AI in Hawaii State Government

We found no enacted statute on state agencies' use of AI. HB 2597, on the Chief Data Officer and AI governance tools, stopped in the Senate in the table below.

A draft of Acceptable AI Use Guidelines, Document No. CDO-007, dated June 22, 2026 in its file name, says it would apply to all State agencies. It is a draft, and we did not confirm whether it was finalized. A web search found no governor's executive order on AI, and we did not review every order on the Governor's site.

Federal AI Policy and Hawaii

As of November 4, 2026, we found no federal statute, scanning the titles of the public laws of the 119th Congress, that sets general rules for private AI systems or generally preempts state AI laws. In December 2025, Executive Order 14365 directed federal agencies to challenge or discourage state AI laws the administration views as conflicting with national policy, and called for a federal framework from Congress. The order itself does not declare any state law invalid. See Trump's AI executive orders and state AI law preemption.

Hawaii AI Bills That Did Not Pass in 2026

Each row is the last action on the legislature's measure page as we read it on November 4, 2026, except where the bill's last entry came from the legislature's bill list. None shows an act number.

What Changes in Hawaii AI Law in 2027

As of November 4, 2026, we found no AI law scheduled to take effect in Hawaii in 2027; we searched the legislature's bill lists by title and description for the 2025 and 2026 sessions.

Acts 247 and 248 are already in force. The next dated step under Act 248 falls after 2027: operators' annual reports to the Behavioral Health Administration begin January 1, 2028.

The bills in the table above are not expected to carry into 2027 on their own. The Legislative Reference Bureau describes bills carrying over from the first year of a two-year biennium to the second, and 2026 was the second year. We therefore treat them as needing reintroduction in the session that opens in January 2027.

More Hawaii Laws

Explore other Hawaii law topics on Recording Law:

• Hawaii Recording Laws
• Hawaii Data Privacy Laws
• Hawaii Whistleblower Laws
• Hawaii Background Check Laws
• Hawaii Sexting Laws
• Hawaii Deepfake Laws
• Hawaii AI Meeting Recording Laws

Frequently Asked Questions

Does Hawaii have an AI law?

Yes. We found two AI-specific laws, both signed July 14, 2026 and in force: Act 248 (SB 3001), on AI companions, and Act 247 (HB 2137), on realistic digital imitations. We found no comprehensive AI act in the legislature's 2025 or 2026 bill lists, which we reviewed by title and description.

What does Hawaii Act 248 require?

Operators of AI companions must give a clear notice that the companion is not human when a reasonable person would believe otherwise, keep a protocol for suicidal ideation and self-harm prompts, and avoid representing that the companion provides professional mental or behavioral health care. Where the operator knows or has reasonable certainty that a user is a minor, it must add disclosures, avoid certain engagement rewards, use reasonable measures against sexual content, and offer screen time and account tools.

Can I sue an AI chatbot company under Hawaii Act 248?

Not under this section. A violation counts as an unfair or deceptive act under HRS 480-2, but the act says nothing in the section creates a private right of action to enforce it or to support one under any other law. The act also says its duties and remedies are cumulative to those under other law.

Is Hawaii's election deepfake law still in effect?

It cannot be enforced by the State defendants. On January 30, 2026, the U.S. District Court for the District of Hawaii granted summary judgment to the plaintiffs in Babylon Bee v. Lopez and permanently enjoined those defendants from enforcing Act 191. We have not confirmed whether the State appealed.

Is it illegal to use AI to copy someone's voice or face in Hawaii?

It can be. Under Act 247, it is unlawful to knowingly publish a realistic digital imitation of an identifiable individual without express written consent if it is used in an advertisement, causes harm, or is used for fraud, defamation, harassment or other criminal acts. Parody, satire, commentary, criticism, news reporting and documentary uses are exempt, and the person or estate may sue.

Does Hawaii regulate AI in hiring or health insurance?

We found no enacted employment or health care AI statute in the legislature's 2025 or 2026 bill lists, reviewed by title and description. For insurers, Commissioner's Memorandum 2025-13A says decisions made or supported by AI systems must comply with existing insurance laws, which is a regulator's statement of expectations, not a new law.

Will any Hawaii AI law take effect in 2027?

As of November 4, 2026, we found no AI law scheduled to take effect in Hawaii in 2027. Acts 247 and 248 are already in force, and Act 248's annual reports begin January 1, 2028.