House passes bill extending defamation protections to AI/deepfakes, adds notice‑and‑takedown and limited damages
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Summary
First substitute SB 256 clarifies that defamation law applies to AI‑generated and digitally manipulated content, creates a notice‑and‑takedown requirement before suit, limits damages if content is promptly removed, and exempts news reporting, parody and political speech; the House passed the bill unanimously.
Representative Tuscher presented first substitute SB 256 as an effort to update defamation law for the age of AI and deepfakes. Tuscher told the House the bill targets harmful noncommercial deepfakes that can cause reputational or personal harm but do not always fit neatly into existing defamation doctrines.
"AI and deep fake technology have ... fundamentally changed how personal identity can be misused," Tuscher said, urging support for protections that do not impinge on First Amendment interests. The bill clarifies that digital impersonation or AI‑generated misuses of a person's identity can be actionable, and includes a required notice‑and‑takedown step before filing suit and a limitation on damages if content is promptly removed. It also expressly exempts news reporting, commentary, parody, satire, political speech and transformative works.
Tuscher said the bill is not a ban on AI or creative expression and that it seeks to provide remedies for individuals harmed by unauthorized misuse of their identity.
The House passed first substitute SB 256 by voice and the clerk later reported a 73–0 vote. The bill will be signed by the Speaker Pro Tem and transmitted to the Senate for signature.
What the bill does: clarifies application of defamation law to AI and digitally manipulated content, requires notice and an opportunity to remove harmful material before suit, and limits damages when content is promptly corrected; lists exemptions to protect protected speech.