Law / United States / 
Washington
Forged digital likeness act (Personality Rights Law amendment)
RCW 63.60, as amended by SSB 5886, ch. 69, Laws of 2026
In force since .
An AI prohibited practices rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Place of effect
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
- Setting the rule reaches
- General, Advertising
What it requires
- 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.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
RCW 63.60.060(2) subjects any person who infringes the rights under the chapter to a civil penalty of $3,000, in addition to actual damages and attributable profits. Use of a name, voice, signature, photograph, forged digital likeness, or likeness in or related to one work is a single act of infringement regardless of the number of copies made or the number of times it is displayed. The section does not say who collects the penalty.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 3,000
Who enforces it
Enforcement body
No public body is named: the owner of the right, or a successor or transferee who owns it, enforces the chapter in the superior courts, which may grant injunctions and order impoundment.
Settledness
- As of
- Open questions
- Is the $3,000 civil penalty in RCW 63.60.060(2) payable to the injured party or to the State, and is it in addition to the actual damages and profits listed beside it?
- Do the exemptions in RCW 63.60.070(1) and (2), which name "name, voice, signature, photograph, or likeness" but not "forged digital likeness", protect a forged digital likeness used for commentary, parody, or news?
- Does the exemption in RCW 63.60.070(4) for owners or employees of a medium used for advertising, including "online service providers", reach a provider whose generative tool created the forged digital likeness that an advertisement uses?
What it makes you log
Logging duty
The statute gives every individual a property right against an unauthorized forged digital likeness and a damages, penalty, and injunctive remedy for infringing it. It states no duty for anyone to create, keep, or produce a log or record of a use of a person's name, voice, or likeness.
- Kind
- None
- As of
What this law does
Washington's Personality Rights Law gives every individual or personality a property right in their name, voice, signature, photograph, or likeness, and a 2026 amendment extended that right to a 'forged digital likeness': a persistent or real-time visual or audio representation of an actual, identifiable individual that has been digitally created, adapted, altered, or modified to be indistinguishable from an authentic depiction.
Using or authorizing use of a person's forged digital likeness without written or oral consent, in commerce, advertising, merchandise, or solicitation, infringes the right.
An infringer is subject to a $3,000 civil penalty and liable for actual damages, attributable profits, and, where the infringement involves a forged digital likeness specifically, noneconomic damages regardless of whether the infringement produced any profit; the superior courts may also grant injunctive relief and order impoundment of infringing materials.
When LexLint raises it
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