Washington State Takes On AI “Deepfakes”

Washington state joined Tennessee in amending existing law to prohibit AI deepfakes. Whereas Tennessee added the prohibition to its right of publicity law, Washington modified its existing property rights law. The amendment was signed into law in March, and takes effect June 11, 2026.

Under the current law, all individuals have property right in, among other things, their voice and likeness. The individual has the right to “freely transfer or license” these elements. The right survives their death, and passes to their heirs. It is a violation of that right to use these elements without the person’s consent on, among other things, advertising goods or services or on products or merchandise.

Beginning June 11, the law will also include a property right in someone’s “forged digital likeness.” That is defined as one that has been made to directly mirror the individual’s own voice, likeness, or other similar elements. And, to deceive someone into thinking that it is the real person. In