Oklahoma’s legislative landscape is witnessing a growing focus on artificial intelligence (AI) and its implications, particularly through the lens of proposed bills aimed at regulating data centers and AI-generated content. Among these, House Bill 3299, introduced by Rep. Neil Hays, R-Checotah, stands out for its specific intent to safeguard Oklahomans from the potentially damaging uses of AI and deepfake content. This measure passed unanimously this week in the House Criminal Judiciary Committee, marking a significant step in the state’s regulatory efforts.
The legislation seeks to prohibit the creation and distribution of digitized or synthetic media that depicts a person’s name, image, voice, or likeness without their written consent, particularly when such actions are intended to inflict emotional, financial, reputational, or physical harm. “As we awaken each day to more sophisticated AI-generated media, we must recommit to the fundamental truth in advertising and the basic rights of every Oklahoman,” Hays stated. He emphasized that individuals should have control over their names and likenesses, especially when representations can influence public perception.
Under the proposed law, violations would be classified as misdemeanors, carrying potential penalties of up to one year in county jail and fines reaching $1,000. More severe cases, particularly those resulting in financial harm exceeding $25,000 or involving extortion, could escalate to felonies. Such offenses could incur sentences of up to five years in prison and fines of up to $10,000.
Additionally, House Bill 3299 addresses concerns related to political advertising. It mandates that any digital or synthetic media used in political campaigns must be clearly disclosed as such. Non-compliance would also classify as a misdemeanor, with penalties mirroring those for other violations—up to one year in jail or a fine of $2,500. Advertising agencies would be required to secure a signed attestation from content creators regarding the use of altered material in advertisements.
If passed by the Legislature and signed into law, House Bill 3299 would align Oklahoma’s regulations with Tennessee’s Ensuring Likeness, Voice, and Image Security Act (ELVIS Act), enacted in 2024. While some states have limited similar protections to minors or public figures, Hays pointed out that this legislation recognizes the fundamental right of individuals to control their personal likeness as a form of property.
“This technology is moving faster than most people realize,” Hays remarked, highlighting the urgency of establishing regulatory frameworks to protect individuals from inappropriate uses of their identities. The current iteration of HB3299 is now set to advance to the House Judiciary and Public Safety Oversight Committee, where further discussions and evaluations will take place.
The push for regulation reflects growing concerns over the ethical implications of AI-generated media, particularly as technology evolves and becomes more integrated into everyday life. As legislative bodies grapple with the complexities of AI, Oklahoma is poised to take a significant step in recognizing and safeguarding individual rights in the digital age.
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