Bill > HB21

This bill introduces comprehensive legislation to address the creation and distribution of "deep fakes" - digitally manipulated audio or visual media that appear to authentically depict an individual engaging in speech or conduct they did not actually perform. The bill establishes three key legal frameworks: First, in civil law, it creates a cause of action allowing individuals to sue for damages if a deep fake is disseminated without their consent, with potential remedies including injunctive relief, actual and punitive damages, court costs, and attorney's fees. Second, it sets a three-year statute of limitations for such civil actions. Third, it introduces criminal penalties, making the malicious dissemination of a deep fake with intent to harass, threaten, or cause substantial harm a Class D felony. The bill carefully defines deep fakes, provides numerous exceptions for legitimate uses (such as news reporting, parody, scientific research, and legal proceedings), and includes protections for internet service providers. Importantly, the legislation distinguishes between consent to create a deep fake and consent to distribute it, and requires clear disclosures or labeling when deep fakes are used for entertainment or artistic purposes. The bill aims to balance protecting individuals from harmful digital manipulation while preserving free speech and creative expression.

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https://apps.legislature.ky.gov/record/25RS/hb21.html