Senate approves identity protection bill to address noncommercial deepfakes, preserves news and political speech

The Utah Senate on Feb. 24 approved a first substitute to Senate Bill 256 aimed at extending identity protections into the age of AI and deepfakes while preserving constitutional speech protections.

Sponsor Senator Cullimore (floor discussion) said the bill targets a gap between commercial identity-rights claims and defamation, focusing on noncommercial deepfakes that cause reputational or personal distress but may not meet technical elements of defamation. The substitute clarifies that existing defamation law applies equally to AI‑generated content, creates procedural safeguards including a notice-and-takedown requirement before filing suit, and limits damages when content is properly removed.

The substitute also recognizes an exclusive right in an individual’s name, image and likeness to address unauthorized replication and trafficking through identity‑replication tools. Sponsors emphasized carve-outs for news reporting, commentary, parody, satire and transformative works so that legitimate reporting and expressive use remain protected.

The Senate adopted the substitute on a roll-call (25–0 with four absent). The sponsor said the bill balances free-speech concerns with remedial tools for victims of reputational harms arising from AI‑generated content.

Representative language from the floor: "This bill addresses what we think is kind of a new middle ground, noncommercial deepfakes that may not meet the technical elements of defamation, but still cause real harm," the sponsor said.

Next steps: The enrolled bill will proceed per the legislative calendar; implementing guidance and any administrative processes will be developed as the statute takes effect.