Election Deepfake Disclosure Law (2024 Haw. Sess. Laws Act 191, S.B. 2687)

Haw. Rev. Stat. §§ 11-303, 11-304 (2024 Haw. Sess. Laws Act 191)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

Enjoined: enforcement paused by a court, effective 3 July 2024.

An AI transparency rule binding public and private bodies.

As of 7 September 2026.

What it requires

A federal court has permanently enjoined enforcement of this section; it does not currently bind anyone as of the date shown, even though its text remains codified.
What follows describes the duty as enacted, which would otherwise apply. Do not recklessly distribute, or agree with another person to distribute, materially deceptive media (an AI-generated, computer-generated, or otherwise digitally altered video, image, or audio depicting a real, identifiable person saying or doing something they did not say or do) between the first working day of February of an even-numbered year and the next general election, unless the media carries a conspicuous disclaimer in the form the section specifies.
The prohibition does not reach a broadcaster, cable operator, direct-to-home satellite provider, interactive computer service, cloud service provider, or streaming service that did not create the deceptive media and does not know it is deceptive and intend to deceive a Hawaii resident.

If you get it wrong

Criminal exposureYes

Private right of actionYes

Criminal exposure note

A first violation is a petty misdemeanor (fine up to $1,000 under Haw. Rev. Stat. § 706-640(1)(e)); a repeat violation within five years is a misdemeanor (fine up to $2,000 under § 706-640(1)(d)); a violation committed with intent to cause violence or bodily harm is a class C felony (fine up to $10,000 and up to 5 years imprisonment under §§ 706-640(1)(c), 706-660).

Penalty structure

Maximum criminal fine varies by tier: petty misdemeanor $1,000, misdemeanor (repeat violation) $2,000, class C felony (violation with intent to cause violence or bodily harm) $10,000 plus up to 5 years imprisonment, under Haw. Rev. Stat. §§ 706-640, 706-660. The commission may separately assess a civil fine, and a court may award a prevailing civil plaintiff attorney's fees and costs under § 11-304(a), plus a civil fine of up to $1,000 per day for violating an injunction under § 11-304(b).

Rule: Fixed only
As of: 7 September 2026
Currency: USD
Fixed cap: 10,000

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Section 11-303 prohibited recklessly distributing, or agreeing with another person to distribute, "materially deceptive media" (an AI-generated, computer-generated, or otherwise digitally altered video, image, or audio depicting a real, identifiable person saying or doing something they did not say or do, that a reasonable viewer would believe genuine) between the first working day of February of an even-numbered year and the following general election, unless the media carried a conspicuous disclaimer in the form the section specifies; section 11-304 gave a depicted individual, a candidate, the attorney general, the campaign spending commission, and certain other parties a civil action for damages or injunctive relief.

On January 30, 2026, the U.S. District Court for the District of Hawaii granted summary judgment to the plaintiffs in Babylon Bee, LLC v. Lopez and permanently enjoined the state defendants from enforcing Act 191, holding it an unconstitutional content-based speech restriction; the statutory text has not been repealed, but the injunction means the law does not currently bind anyone.

When LexLint raises it

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Read the law

official codified text, Hawaii Revised Statutes, www.capitol.hawaii.gov
the injunction is recorded from the RECAP docket of Babylon Bee, LLC v. Lopez, No. 1:25-cv-00234 (D. Haw.)

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