Ohio House Bill HB367

Ohio 2023-2024 Regular Session

• Introduced: 12/21/23
• Report Pass: 6/12/24

Caption

Regards unauthorized use of an individual's persona, deepfakes

Impact

The impact of HB 367 is significant in that it codifies protections against the unauthorized commercial use of an individual's persona, which may extend to their name, voice, image, and likeness. This bill changes the legal landscape by imposing stricter controls and liability for those who create or distribute malicious deepfakes, particularly when they have the potential to harm the reputation or privacy of individuals. It recognizes the growing concerns over digital media manipulations that can mislead or defame individuals, thereby seeking to safeguard personal rights in the digital age.

Summary

House Bill 367 seeks to update the laws surrounding the unauthorized use of an individual's persona and the regulation of deepfake recordings in Ohio. The bill proposes amendments to several sections of the Revised Code, establishing clear definitions of terms such as 'persona,' 'commercial purpose,' and 'malicious deepfake recording.' It outlines the rights of individuals regarding their persona and introduces requirements for obtaining consent before using an individual's likeness in commercial contexts. The amendments aim to enhance the protection of individuals' rights in light of technological advancements that allow for manipulation of media content.

Contention

Notable points of contention in discussions surrounding HB 367 may arise regarding the balance between protecting individual rights and the implications for freedom of expression, especially in creative or political contexts. Critics may express concerns about the chilling effect on artistic expression or the burden it places on media producers, particularly in facilitating compliance with the new requirements. Furthermore, differences in opinion may exist regarding the definitions of 'malicious' deepfakes and the standards for consent, prompting discussions about the bill's potential overreach or necessary legal clarification.