Mississippi 2025 Regular Session

Mississippi House Bill HB768

Introduced
1/16/25  
Refer
1/16/25  

Caption

"Ensuring Likeness, Voice and Image Security (ELVIS) Act of 2025"; enact to expand protections against artificial intelligence deep fakes.

Impact

The act is expected to provide robust protections against unauthorized use of an individual’s likeness, especially in light of the growing concerns surrounding artificial intelligence and deep fakes. It introduces civil remedies for affected individuals, who can sue for damages or seek injunctions against such unauthorized uses. Furthermore, it classifies violations as misdemeanors, carrying possible jail time or significant fines. This legislation aligns Mississippi with other jurisdictions seeking to modernize privacy protections in the digital age while balancing the demands of freedom of expression under the First Amendment, specifically enumerating fair use exceptions that are critical for media and commentary.

Summary

House Bill 768, known as the 'Ensuring Likeness, Voice and Image Security (ELVIS) Act of 2025', introduces significant legal protections regarding an individual's likeness, voice, and image, particularly in the context of artificial intelligence advancements. The bill establishes that every individual possesses a property right over the use of their name, photograph, voice, and likeness, stating that these rights are exclusive, freely assignable, and extend beyond the individual's death, thereby allowing heirs to manage these rights posthumously. This marks a notable shift in Mississippi law, aiming to enhance personal autonomy over media portrayals and prevent unauthorized commercial exploitation of personal attributes.

Contention

Despite widespread acknowledgment of the need for enhanced protections, the bill may face scrutiny regarding its scope and implications for free speech. Critics may argue that the broad definitions of likeness and violation could inadvertently stifle artistic expression, satire, or criticism, especially in the realms of media and the arts. Moreover, the enforcement mechanisms and potential legal liabilities introduced could dissuade content creators from freely using public figures in their works, raising questions about the balance between protecting individual rights and maintaining a vibrant creative landscape.

Companion Bills

No companion bills found.

Similar Bills

MS SB2796

Ensuring Likeness Voice and Image Security Act; enact.

VA SB164

Virginia Consumer Protection Act; prohibited practices, artificial intelligence disclosure.

LA HB276

Establishes a right of publicity

LA HB415

Enacts the "Allen Toussaint Legacy Act" for the purpose of creating an individual property right of identity

TN SB2096

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 1 and Title 47, relative to the protection of personal rights.

TN HB2091

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, Part 1 and Title 47, relative to the protection of personal rights.

OK HB2216

Securities; Oklahoma Ensuring Likeness, Voice, and Image Security Act of 2025; property right; civil action; effective date.

NJ A4480

Establishes civil right of action for misuse of individual's name, image, likeness, or voice.