SB 1142: Digital Dignity Act.

Existing law prohibits the false impersonation of another person in either that persons personal or official capacity with the intent to steal or defraud, as specified. Existing law protects all people from defamation, including libel and slander, as provided. Existing law makes any person who knowingly uses anothers name, voice, signature, photograph, or likeness for commercial purposes, as specified, without that persons prior consent liable for damages, as specified. Existing law provides that a party seeking relief pursuant to those provisions may also seek an injunction or temporary restraining order according to specified procedures.

This bill would enact the Digital Dignity Act. The act would subject to specified liability a person who, by distributing content with actual knowledge that the content includes the use of a digital replica, violates is found guilty of violating a criminal provisions in provision for which false impersonation of another is a required element, as prescribed, or is found liable for defamation in a civil action, action arising from the use or portrayal through a digital replica, as provided.

The Digital Dignity Act would require a product, service, internet website, or application large online platform that is both includes a generative AI tool, as defined, and a large online platform that allows provides users with the functionality to create a digital replica of other individuals to implement and maintain provide a mechanism by which users can revoke access to their for individuals to report content that violates the platforms terms of service or a provision of law relating to the individuals digital replica created by other people using the large online platforms generative AI tool at any time, and to submit to the large online platform any certified court order or judgment ordering the removal of any content involving the individuals digital replica on the platform or finding that content involving the individuals digital replica was defamatory, fraudulent, or any other form of image appropriation not permitted by law, as prescribed. Upon receipt of the court order or judgment, the act would require the large online platform to remove the digital replica and make reasonable efforts to identify and remove any known identical copies. The act would authorize a city attorney or the Attorney General to bring a civil action to enforce these provisions and to seek a specified civil penalty and injunctive relief. The act would require a generative AI tool provider to maintain, for no less than 90 days, records sufficient to allow compliance with a court order issued pursuant to a civil action by the city attorney or Attorney General, as prescribed.