HB 566: NO FAKES Act of 2025; enact

Georgia law currently has no specific statute addressing AI-generated 'digital replicas' that mimic a person's voice or appearance without permission. This bill, called the NO FAKES Act of 2026, would add a new article to Georgia's trade practices code creating a property right that lets individuals (or their heirs after death) control the use of their voice and visual likeness in realistic AI-generated media. The bill defines key terms like 'digital replica' and 'online service,' sets licensing rules (including special protections requiring court approval for minors), and creates a post-mortem right lasting at least ten years after death, renewable up to 70 years total. It establishes civil liability for unauthorized use, with damages ranging from $5,000 to $750,000 depending on the violator, exceptions for news, documentaries, satire, and parody, a notice-and-takedown process for online platforms, and a role for the Secretary of State in maintaining registries of post-mortem rights and platform contact agents. The law would apply only to conduct occurring after it takes effect.

• Creates a new property right letting individuals and their heirs control unauthorized AI-generated 'digital replicas' of their voice or visual likeness.
• Sets licensing rules requiring written, signed agreements, with stricter limits (5-year cap, court approval) for individuals under 18.
• Establishes a post-mortem right lasting at least 10 years after death, renewable in 5-year increments up to a maximum of 70 years, if active public use is shown.
• Creates civil penalties for unauthorized digital replicas ranging from $5,000 per work for individuals to $750,000 per work for online services acting in bad faith.
• Requires online services to designate an agent to receive takedown notices and register that agent with the Secretary of State, or be presumed not acting in good faith.
• Lists exceptions for news reporting, documentaries, commentary, criticism, satire, and parody, and lets courts award punitive damages and attorney's fees in cases of willful violations.

The bill affects performers, sound recording artists, actors, and any Georgian whose voice or likeness could be digitally replicated by AI. It also affects heirs of deceased people with commercially valuable likenesses, online platforms and social media services, AI tool developers, and news organizations and documentary producers relying on the bill's exceptions.

If enacted, Georgians (and public figures whose estates are managed here) would gain a legal tool to sue over AI deepfakes made without permission, and online platforms would face new takedown obligations and potential liability. The law would shape how AI voice and image tools can be built, marketed, and used in Georgia.

• Code Section 10-1-970 defines terms including 'digital replica,' 'online service,' 'right holder,' and 'digital fingerprint,' setting the scope of what counts as a protected replica.
• Code Section 10-1-971 establishes the right as a non-assignable-during-life but licensable property right that survives death for at least 10 years, extendable to 70 years total.
• Code Section 10-1-972 sets licensing conditions, capping license length at 10 years for adults and 5 years (or until age 18) for minors, requiring court approval for minors' licenses.
• Code Section 10-1-973 directs the Secretary of State to maintain a public directory of registered post-mortem digital replication rights and allows fees for registration.
• Code Section 10-1-975 defines prohibited activities (unauthorized digital replicas and tools primarily designed to create them), sets a notice-and-takedown process, and lists exceptions for news, documentaries, satire, and parody, except for sexually explicit content.
• Code Section 10-1-975(n) and (r) set damages: $25,000 per notice for false takedown claims, and $5,000 to $750,000 per work for unauthorized digital replicas depending on the type of violator.
• Code Section 10-1-976 allows right holders to request a subpoena from a state court clerk to identify anonymous online violators.
• Code Section 10-1-977 limits the law to conduct occurring after its effective date and clarifies it does not require online services to actively monitor for violations.

1. 2026-02-25House Committee Favorably Reported By Substitute (Cámara de Representantes)
2. 2025-04-04House Withdrawn, Recommitted (Cámara de Representantes)
3. 2025-03-03House Committee Favorably Reported By Substitute (Cámara de Representantes)
4. 2025-02-26House Second Readers (Cámara de Representantes)
5. 2025-02-24House First Readers (Cámara de Representantes)
6. 2025-02-21House Hopper (Cámara de Representantes)

• Soo Hong (R, HD-103)Patrocinador principal
• Todd Jones (R, HD-025)
• Kasey Carpenter (R, HD-004)
• Spencer Frye (D, HD-122)
• Stan Gunter (R, HD-008)
• Eric Bell (D, HD-075)

• artificial intelligence
• deepfakes
• likeness rights
• online platforms
• intellectual property