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HB 581

Unauthorized use of voice or likeness; punitive damages, statute of limitations.

2026 Regular Session Introduced by Jackie Glass and 3 co-sponsors

Virginia bill establishes civil liability for unauthorized use of names, portraits, likenesses, and digital replicas, enabling victims to sue for damages without requiring criminal conduct.

Governor's Action Deadline 11:59 p.m., April 13, 2026
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WeVote Research Nonpartisan
Bill Summary · HB 581

Legislative bill overview

HB 581 establishes civil liability for the unauthorized use of a person's name, portrait, likeness, or digital replica without consent. The bill creates a legal cause of action allowing individuals to sue for damages when their identity is used without permission, particularly addressing emerging concerns about deepfakes and synthetic media. It provides statutory remedies and defines protections for both living individuals and potentially their estates.

Why is this important

As artificial intelligence and digital manipulation technology become more accessible, unauthorized creation and distribution of digital replicas—including deepfakes—can cause reputational, emotional, and financial harm. This bill addresses a significant gap in Virginia law by providing a clear legal mechanism for victims to seek recourse. The issue has grown urgent as malicious actors use synthetic media for fraud, harassment, and non-consensual intimate imagery.

Potential points of contention

  • First Amendment tension: Defining where the line sits between protected speech/parody and unlawful use; news organizations and satirists may face uncertainty about liability exposure
  • Digital replica definition: The scope of what constitutes a regulated "digital replica" remains crucial—does it cover AI-generated content that merely resembles someone, or only photorealistic deepfakes?
  • Consent and licensing complexity: Questions about who can grant consent, duration of rights, and whether existing portrait/likeness laws create redundancy or conflicting standards
  • Remedies and damages: The appropriate level of civil damages for different harm categories (harassment vs. commercial exploitation) and whether punitive damages are included
  • Burden on platforms and creators: Whether intermediaries (social media, hosting services) face liability for user-generated content, potentially affecting innovation

Compiled from official sources — confirm details with the bill’s official record.

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