Duty LXD-5544
Generates images with AI, in Washington
Each law's tag says when it binds: since in force from , in 3 months not yet in force
Synthetic media in electioneering communicationssince 2 lines
RCW 29B.35.010 (formerly RCW 42.62.020) · Read the law's page
- If your synthetic media alters a candidate's appearance, action, or speech in an electioneering communication, include a conspicuous disclosure stating the media has been manipulated, in the form and duration this statute specifies for visual and audio media, or the sponsor is exposed to injunctive relief and a damages action.
- A medium that disseminates such a communication is not itself liable unless it removes the required disclosure or itself changes the content so that it becomes synthetic media.
Fabricated depictions of minors (sexual exploitation of children)since 2 lines
RCW 9.68A.011, 9.68A.040, 9.68A.050, 9.68A.053, 9.68A.070, 9.68A.075 · Read the law's page
- Do not create, deal in, possess, or exploit a fabricated depiction, an image, video, or audio-visual matter created or altered by digitization, including by using artificial intelligence, that depicts a minor engaging in sexually explicit conduct.
- This applies whether or not the depicted minor is identifiable or actually exists, and lacking knowledge that the image was fabricated is not a defense.
Disclosing fabricated intimate imagessince 2 lines
RCW 9A.86.030 · Read the law's page
- Do not knowingly disclose a fabricated intimate image, one created or altered by digitization, including through artificial intelligence, of an identifiable person if you know or should know the person has not consented and that disclosure would cause harm.
- Lacking knowledge that the image was digitized, or the depicted person's consent to the image's creation, is not a defense to disclosing it without their consent to the disclosure.
Forged digital likeness act (Personality Rights Law amendment)since 2 lines
RCW 63.60, as amended by SSB 5886, ch. 69, Laws of 2026 · Read the law's page
- Do not use or authorize the use of a person's forged digital likeness, a digitally created or altered visual or audio depiction of them indistinguishable from an authentic one, without their written or oral consent, in commerce, advertising, merchandise, or solicitation.
- Infringing this right exposes you to a $3,000 civil penalty, liability for actual damages and attributable profits, and, where a forged digital likeness is involved, noneconomic damages regardless of whether you profited.
AI content provenance and disclosure actfrom , in 3 months4 lines
E2SHB 1170, ch. 167, Laws of 2026 (new chapter, Title 19 RCW) · Read the law's page
- If your generative AI system has over 1,000,000 monthly Washington visitors or users, offer users the option to add a manifest disclosure identifying AI-generated image, video, or audio content as such, that is clear, conspicuous, and difficult to remove.
- Separately, embed a latent, system-readable disclosure in the AI-generated image, video, or audio content itself, conveying your name, the generating system and version, and the content's creation date, and make it detectable by a free, public AI-detection tool you provide.
- If you license your generative AI system to a third party, require by contract that the licensee preserve this disclosure capability.
- A violation is treated as an unfair or deceptive act under the Consumer Protection Act rather than punished under a separate penalty scheme.