Hawaii's New AI Deepfake Laws Give Victims Legal Recourse — Up to $25K Per Content

Hawaii has moved ahead of the federal government with new state laws signed by Governor Josh Green this week that prohibit harmful uses of AI-generated deepfakes and create a path for victims to seek civil compensation — up to $25,000 per piece of content.

The legislation is a direct response to a growing wave of deepfake-enabled scams: voice cloning used for financial fraud, manipulated images deployed for defamation, and extortion schemes that threaten to distribute fabricated content unless victims pay. AI consultant and educator Gabriel Yanagihara, who works with Hawaii organizations on AI literacy, said the speed of deepfake spread makes after-the-fact correction nearly impossible.

Key Takeaways

• Civil liability is now established. Anyone who creates a harmful deepfake without the subject's consent can face civil action in Hawaii, with damages of up to $25,000 per content piece — a model other states may follow.
• Trust is the underlying problem. Research co-authored by University of Hawaii Shidler College of Business professor Jerry Agrusa, released this week, found that more than 80% of people surveyed believe deepfakes can mislead or put personal data at risk. Only 54% said deepfakes could be useful.
• Regulation is necessary but not sufficient. Both Yanagihara and Agrusa agree that education — not just law — is essential as AI improves. The practical guidance: get written permission, cite sources, and don't use AI tools in ways you wouldn't use Photoshop.

For businesses using generative AI in marketing, communications, or customer-facing content, Hawaii's law signals the direction of travel for AI content accountability. Proactive consent frameworks and clear AI disclosure practices are becoming business necessities, not just ethical considerations.

Read the full article on Hawaii News Now