All Roll Calls
Yes: 137 • No: 1
UtahS.B. 2562026 General SessionSenate
Identity Protection Modifications
Sponsored By: Kirk A. Cullimore (Republican)
Signed by Governor
Electronic PrivacyTechnologyPublications and BroadcastingInternet ProtocolsPublic Utilities and TechnologyArtificial IntelligenceData and Cyber Security
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 3 benefits, 1 costs, 2 mixed.
Fake content offers no defamation defense
Beginning May 6, 2026, using artificial intelligence, animation, digital manipulation, or other technology is not a defense to defamation. This also covers simulated or recreated content used instead of a real recording or image. People harmed by defamatory content can pursue libel or slander claims regardless of how it was made.
Identity victims can seek court relief
Beginning May 6, 2026, people whose identities are abused, and their rights holders, can sue. A publisher claim requires content that clearly suggests the person is unlikely to consent. The publisher must also have failed to take reasonable steps to check for consent. Courts can order the conduct stopped and award proven damages, punitive damages, and reasonable attorney fees and costs to winning plaintiffs. The law sets no fixed award.
Stronger protection against unauthorized identity use
Beginning May 6, 2026, unauthorized identity use for ads, fundraising, donation requests, or purchases counts as abuse without suggesting endorsement. Knowingly publishing, performing, distributing, transmitting, or otherwise sharing someone's identity without permission also counts as abuse. Permission comes from the living person, a minor's guardian, or eligible rights holders for up to 70 years after death. Knowingly sharing, selling, or licensing tools mainly intended to create or change unauthorized identity content also counts as abuse. The tool rule now covers noncommercial activity too.
Defamation claimants face notice and limits
Beginning May 6, 2026, you must notify the publisher in writing before suing over defamation based on digitally created content. Identify the content, where it appears, and why it is false and defamatory. Send notice by certified mail or electronic delivery with proof of receipt. Removal within 10 days after receipt limits recovery to actual damages; presumed and punitive damages are unavailable. The notice rule cannot impose liability on online services covered by the federal definition of an interactive computer service.
Expression protections limit some identity claims
Beginning May 6, 2026, clear, noticeable labels identifying simulations or artificial recreations prevent abuse claims under the unauthorized-publication rule only. Exempt uses include news, public affairs, sports broadcasts, and works with political, public-interest, or newsworthy value, including scholarship and transformative works. Documentaries, historical works, and biographies qualify unless they falsely suggest the person's authentic participation. Brief or incidental uses and ads for exempt works are also protected. These exceptions protect expression but limit identity holders' claims.
More control over likeness, with limits
Beginning May 6, 2026, you have the exclusive right to approve uses of your pictures, likeness, voice, and digital recreations. The definition no longer lists your name or title. You can license this right while alive, but cannot transfer ownership of it. After death, the right passes to successors and can be transferred until 70 years after death. Rights also apply retroactively to people who died before May 6, 2026, within that 70-year limit.
Sponsors & Cosponsors
Sponsor
Kirk A. Cullimore
Republican • Senate
Cosponsors
Jordan D. Teuscher
Republican • House
Roll Call Votes
House vote • 3/5/2026
House/ passed 3rd reading
Yes: 73 • No: 0
House vote • 2/27/2026
House Comm - Favorable Recommendation
Yes: 6 • No: 1
Senate vote • 2/25/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/25/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/25/2026
Senate/ passed 3rd reading
Yes: 26 • No: 0
Senate vote • 2/24/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/24/2026
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 2/24/2026
Senate/ passed 2nd reading
Yes: 25 • No: 0
Senate vote • 2/23/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/9/2026
Senate Comm - Favorable Recommendation
Yes: 7 • No: 0
Actions Timeline
Governor Signed
3/26/2026Senate/ to Governor
3/13/2026SenateSenate/ received enrolled bill from Printing
3/13/2026SenateSenate/ enrolled bill to Printing
3/11/2026SenateEnrolled Bill Returned to House or Senate
3/11/2026Draft of Enrolled Bill Prepared
3/6/2026Bill Received from Senate for Enrolling
3/6/2026Senate/ signed by President/ sent for enrolling
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/5/2026HouseHouse/ signed by Speaker/ returned to Senate
3/5/2026HouseHouse/ passed 3rd reading
3/5/2026HouseHouse/ 3rd reading
3/5/2026HouseHouse/ 2nd reading
3/2/2026HouseHouse/ committee report favorable
3/2/2026HouseHouse Comm - Favorable Recommendation
2/27/2026House/ to standing committee
2/26/2026HouseHouse/ 1st reading (Introduced)
2/26/2026HouseHouse/ received from Senate
2/25/2026HouseSenate/ to House
2/25/2026SenateSenate/ passed 3rd reading
2/25/2026SenateSenate/ uncircled
2/25/2026SenateSenate/ circled
2/25/2026SenateSenate/ 3rd reading
2/25/2026SenateSenate/ passed 2nd reading
2/24/2026Senate
Bill Text
Enrolled
3/11/2026
Substitute #1
2/24/2026
Introduced
2/5/2026