The proposed legislation would create new legal protections against AI-generated impersonation and require platforms to provide tools allowing individuals to remove unauthorized digital replicas of themselves.
California State Senator Josh Becker (D-Menlo Park) introduced Senate Bill 1142, the “Digital Dignity Act,” to address the use of generative AI tools to create digital replicas of real individuals without their consent.
The bill would clarify that false impersonation under California law includes the use of a “digital replica,” a simulated version of a person’s voice or likeness created using generative AI. The proposal states that distributing content that knowingly uses such replicas to impersonate someone could trigger existing criminal impersonation laws and civil liability for defamation or unauthorized commercial use of a person’s identity.
SB 1142 would obligate gen AI and digital creation platforms to implement a mechanism allowing individuals to revoke access to or remove digital replicas created by others using the platform’s tools.
The proposal would require generative AI providers to maintain records for at least 90 days to support compliance with court orders in enforcement actions. The legislation would authorize the California Attorney General or local city attorneys to bring civil actions seeking penalties and injunctive relief for violations of the act.
Platforms covered by the bill would also need to maintain reporting systems that enable users to flag unauthorized digital replicas and review such reports within 48 hours, and to remove or disable access to content that violates the law.
In announcing the legislation, Becker said in a statement that “artificial intelligence should empower people, and not be weaponized against them.”
The measure has been referred to the California Senate Committee on Privacy, Digital Technologies, and Consumer Protection for consideration.
