SB 256

Enrolled Copy  S.B. 256
1Identity Protection Modifications
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                  Chief Sponsor: Kirk A. Cullimore
                                  House Sponsor: Jordan D. Teuscher
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to libel and slander to address artificial intelligence and
6  digitally manipulated content.
7  Highlighted Provisions:
8      This bill:
9      ▸ defines terms;
10      ▸ clarifies that defamation law applies to content created through artificial intelligence or
11  other technological means;
12      ▸ requires notice to a publisher before filing a defamation action based on digitally created
13  content;
14      ▸ limits recovery to actual damages if the publisher removes the content within 10 days
15  after receiving notice;
16      ▸ establishes an exclusive right to consent to the use of an individual's personal identity;
17      ▸ expands the definition of abuse of personal identity to include unauthorized distribution
18  and trafficking in identity-replication tools;
19      ▸ provides exemptions for certain uses of personal identity; and
20      ▸ makes technical and conforming changes.
21  Money Appropriated in this Bill:
22      None
23  Other Special Clauses:
24      None
25  Utah Code Sections Affected:
26  AMENDS:
27      45-3-2, as last amended by Laws of Utah 2025, Chapter 472
S.B. 256  Enrolled Copy
2845-3-3, as last amended by Laws of Utah 2025, Chapter 472
2945-3-4, as last amended by Laws of Utah 2025, Chapter 472
3045-3-5, as last amended by Laws of Utah 2025, Chapter 472
3145-3-6, as enacted by Laws of Utah 1981, Chapter 95
3245-3-7, as enacted by Laws of Utah 2025, Chapter 472
33   ENACTS:
3445-2-3.5, Utah Code Annotated 1953
3545-2-14, Utah Code Annotated 1953
36
37   Be it enacted by the Legislature of the state of Utah:
38Section 1. Section 45-2-3.5 is enacted to read:
3945-2-3.5 . Artificially generated content.
40   (1) As used in this section, "generative artificial intelligence" means the same as that term is
41defined in Section 45-3-2.
42   (2) It is not a defense to a claim of libel or slander that the communication:
43(a) was created through generative artificial intelligence, computer animation, digital
44manipulation, or any other technological means; or
45(b) uses simulated or recreated content rather than actual recordings or images of an
46individual.
47Section 2. Section 45-2-14 is enacted to read:
4845-2-14 . Notice before filing action -- Effect of removal.
49   (1) As used in this section:
50(a) "Digitally created content" means content created through generative artificial
51intelligence, computer animation, digital manipulation, or other technological means.
52(b) "Generative artificial intelligence" means the same as that term is defined in Section
5345-3-2.
54   (2) Before filing an action under this chapter for libel or slander based on digitally created
55content, an individual shall provide written notice to the person who published or caused
56the publication of the allegedly defamatory content.
57   (3) The individual shall ensure the notice described in Subsection (2):
58(a) specifies the content claimed to be defamatory and the location where the content
59appears;
60(b) explains why the content is false and defamatory; and
61(c) is delivered by certified mail or by electronic means that provide proof of receipt.
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62  (4) In an action brought under this chapter, an individual may recover only actual damages
63      if the person who published or caused the publication of the digitally created content
64      removes the content within 10 days after the day on which the person receives notice
65      under Subsection (2).
66  (5) This section may not be construed to impose liability on an interactive computer service
67      as defined in 47 U.S.C. Sec. 230.
68Section 3. Section 45-3-2 is amended to read:
6945-3-2 . Definitions.
70     As used in this [act] chapter:
71  (1) "Advertisement" means a notice designed to attract public attention or patronage and
72      includes a list of supporters for a particular cause.
73  (2) "Cause the publication" means:
74      (a) that a person:
75(i) prepares or requests another to prepare:
76(A) an advertisement of the type described in Subsection [45-3-3(1)] 45-3-3(2)(a);
77or
78(B) content that uses, simulates, or recreates an individual's personal identity; and
79(ii) submits or requests another to submit the advertisement or content for
80publication; and
81      (b) the advertisement or content has been published.
82  (3)(a) "Consent" means an individual's voluntary agreement to the use of that
83      individual's personal identity.
84      (b) "Consent" may not be inferred by the failure of the individual to request that the
85individual's personal identity not be used or that the individual's name be removed
86from a mailing or supporter list.
87  (4) "Content" means audio, video, image, text, or other media, regardless of format.
88  (5) "Generative artificial intelligence" means an artificial intelligence technology system
89      that:
90      (a) is trained on data;
91      (b) responds to human input; and
92      (c) is capable of generating content similar to content created by a human, with limited
93or no human involvement in the generation.
94      [(b) is designed to simulate human conversation with a consumer through one or more of
95the following:]
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96[(i) text;]
97[(ii) audio; or]
98[(iii) visual communication; and]
99[(c) generates non-scripted outputs similar to outputs created by a human, with limited
100or no human oversight.]
101   (6) "Individual" means a natural person, living or dead.
102   (7) "Person" means any natural person, firm, partnership, association, corporation, joint
103venture, or any other form of business organization or arrangement, and the agents or
104representatives of such persons.
105   (8)(a) "Personal identity" means an individual's:
106[(i) name; ]
107[(ii) title; ]
108[(iii)] (i) picture;
109[(iv)] (ii) portrait;
110[(v)] (iii) visual or video likeness;
111[(vi)] (iv) voice; or
112[(vii)] (v) audiovisual appearance.
113(b) "Personal identity" includes any simulation, reproduction, or artificial recreation of
114the content described in Subsection (8)(a), whether created through:
115(i) generative artificial intelligence;
116(ii) computer animation;
117(iii) digital manipulation; or
118(iv) any other technological means.
119   (9) "Publish" means that a person provides the instrumentality through which an
120advertisement or content is communicated to [the public at large or to a significant
121portion thereof] another person.
122   (10) "Right holder" means the individual or a person to whom the individual's right in the
123individual's personal identity has descended or been transferred, including an executor,
124successor, heir, assignee, licensee, or devisee of the individual.
125   [(10)] (11) "Voice" means a computer-generated sound in a medium that is readily
126identifiable and attributable to a particular individual, regardless of whether the sound
127contains the actual voice of the individual.
128Section 4. Section 45-3-3 is amended to read:
12945-3-3 . Acts constituting abuse -- Permitting prosecution.
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130  (1)(a) Subject to other provisions of this chapter, each individual has the exclusive right
131      to consent to the use of the individual's personal identity.
132      (b) The right described in Subsection (1)(a):
133(i) includes a replication right, in which only the individual or right holder may
134consent to the use of the individual's personal identity in a simulation,
135reproduction, or artificial recreation of the individual's personal identity;
136(ii) is licensable but not assignable during the life of the individual;
137(iii) does not expire until 70 years after the death of the individual;
138(iv) upon the death of the individual:
139(A) is descendible to the individual's executors, successors, heirs, assignees,
140licensees, or devisees; and
141(B) is transferable to a right holder by any means of conveyance or operation of
142law for up to 70 years after the death of the individual; and
143(v) in the case of an individual who died before May 6, 2026, applies retroactively for
144up to 70 years before May 6, 2026, and vests in the executors, successors, heirs,
145assignees, or devisees of the individual.
146  (2) Except for purposes of the criminal penalty in Section 76-12-304, the personal identity
147      of an individual is abused if:
148      (a)(i) content containing the personal identity of an individual is used for purposes of:
149(A) advertising products, merchandise, goods, or services;
150(B) fundraising;
151(C) solicitation of donations; or
152(D) purchases of products, merchandise, goods, or services;
153[(ii) the use:]
154[(A) expresses or implies that the individual approves, endorses, has endorsed, or
155will endorse the specific subject matter;]
156[(B) creates a likelihood of confusion as to the participation, association, or
157connection of the individual; or]
158[(C) creates a false impression that the individual participated in or approved the
159use; and]
160[(iii)] (ii) consent has not been obtained from the individual[.] ;
161      (b) a person publishes, performs, distributes, transmits, or otherwise makes available to
162another person an individual's personal identity with actual knowledge that the use
163was not authorized:
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164(i) by the individual, if the individual is living;
165(ii) by the individual's legal guardian, if the individual is a minor; or
166(iii) by the individual's executors, successors, heirs, assignees, licensees, or devisees,
167if the individual has been deceased for up to 70 years; or
168[(b)] (c) the person knowingly distributes, sells, or licenses any technology, software, or
169tool whose intended primary purpose is the unauthorized creation or modification of
170content that includes an individual's personal identity[ for commercial purposes].
171   [(2)] (3) Nothing in this [part] chapter prohibits prosecution of abuse of personal identity
172under Section 76-12-304.
173   [(3)] (4) The personal identity of an individual is not abused if the individual's personal data
174or publicly available information:
175(a) was lawfully obtained;
176(b) is used to preview, advertise, or promote the sale of a product, service, or
177subscription, including the sale of a product, service, or subscription of which the
178individual's personal data or publicly available information is or may be a part; and
179(c) is not used in a way that expresses or implies that the individual approves, endorses,
180has endorsed, or will endorse the product, service, or subscription being previewed,
181advertised, or promoted.
182   (5) The personal identity of an individual is not abused under Subsection (2)(b) if the
183publication, performance, distribution, transmission, or other disclosure of the personal
184identity is accompanied by a clear and conspicuous disclosure that the content is a
185simulation or artificial recreation of the individual.
186Section 5. Section 45-3-4 is amended to read:
18745-3-4 . Cause of action for abuse -- Remedies.
188   (1) An individual whose personal identity has been abused under Section 45-3-3 of this [act]
189chapter, or a right holder of that individual, may bring an action against a person who
190caused the publication of the advertisement or content[,] .
191   (2) [ and is entitled to] Upon prevailing in an action under this section, the court may award
192to the plaintiff injunctive relief, damages alleged and proved, exemplary damages, and
193reasonable [attorney's] attorney fees and costs.
194Section 6. Section 45-3-5 is amended to read:
19545-3-5 . Action against publisher -- Grounds -- Remedies.
196   (1) An individual whose personal identity has been abused under Section 45-3-3 of this [act]
197chapter, or a right holder of that individual, may bring an action against a person who
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198      published the advertisement or content:
199      (a) if the advertisement or content, on its face is such that a reasonable person would
200conclude that it is unlikely that an individual would consent to such use; and
201      (b) if the publisher did not take reasonable steps to [assure] ensure that consent was
202obtained.
203  (2) [In] Upon prevailing in an action under this section, [the plaintiff shall be entitled to] the
204      court may award to the plaintiff injunctive relief, damages alleged and proved,
205      exemplary damages, and reasonable [attorney's] attorney fees and costs.
206Section 7. Section 45-3-6 is amended to read:
20745-3-6 . Other remedies unaffected.
208      This [act] chapter does not limit or supersede any causes of action otherwise available to
209  the parties.
210Section 8. Section 45-3-7 is amended to read:
21145-3-7 . Exemptions.
212  (1) A person does not violate Section 45-3-3 or Section 45-3-4 if the person uses an
213      individual's personal identity in:
214      (a) connection with a news, public affairs, or sports broadcast, including the promotion
215of and advertising for a sports broadcast[,] or an account of public interest[, or a
216political campaign];
217      (b) a representation of the individual as the individual in a documentary or in a historical
218or biographical work, unless the representation creates the false impression that the
219representation is or comprises the authentic participation of the individual;
220      [(b) a play, book, magazine, newspaper, musical composition, visual work, work of art,
221audiovisual work, radio or television program if it is fictional or nonfictional
222entertainment, or a dramatic, literary, or musical work;]
223      (c) a work of political, public interest, or newsworthy value, including a comment,
224criticism, parody, satire, scholarship, or a transformative creation of a work of
225authorship;
226      (d) fleeting or incidental uses; or
227      [(d)] (e) an advertisement or commercial announcement for a work described in this
228Subsection (1).
229  (2) The use of personal identity in a commercial medium does not constitute a use for
230      purposes of advertising or solicitation solely because the material containing such use is
231      commercially sponsored or contains paid advertising.
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232   (3) This [part] chapter may not apply to, and nothing in this [part] chapter may be construed
233to impose liability or culpability on, an interactive computer service, as defined in 47
234U.S.C. 230(f)(2), for content provided by another person.
235   (4) Nothing in this chapter is intended to abrogate or narrow any claim or defense available
236under any other statute or under the common law.
237Section 9. Effective Date.
238   This bill takes effect on May 6, 2026.
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