Hays Refiling Bill to Safeguard Against Deep-Fake Advertising
OKLAHOMA CITY – Rep. Neil Hays, R-Checotah, today announced his intent to refile a bill that creates punishments for the use of artificial intelligence (AI) and deep-fake technology without consent of the person whose name, image, likeness or voice is used to create digital content and advertising that is disseminated to the public with the intent to harm. Hays filed House Bill 3073 in 2024. The bill passed the House but was not advanced in the state Senate. Hays will refile the measure with some minor changes for the upcoming legislative session, which starts Feb. 2. “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 said. “Every Oklahoman deserves to control their name, image, likeness and voice — and to know that when they are depicted, especially in an effort to influence the public, that they’re portrayed accurately.” Hays said AI now allows realistic substitutions of a person’s face, voice or image in video, audio and digital advertisements — often without the person’s permission and sometimes with harmful intent. HB 3073 sought to criminalize publishing or distributing digitized representations of another individual’s name, image, voice or likeness without written consent and with intent to harm. The measure set criminal penalties, including elevation to a felony on a second offense. Hays emphasized the marketplace and public discourse depend on trust. “If we erode trust because people are unsure whether what they see or hear is real, then we erode the very foundation of free and fair communication,” he said. "Technology isn’t slowing down, and legislation must keep pace,” Hays said. “By refiling this bill, we reaffirm our commitment to protecting Oklahomans’ rights in this new digital era. I'm asking my legislative colleagues to join me and return to the basics of integrity, transparency and individual consent.”