Utah SB 256 (AI is no defense to defamation; notice-and-removal)
Utah Senate Bill 256 — Identity Protection Modifications
Utah · Utah Code 45-2-3.5, 45-2-14; amends 45-3-2 through 45-3-7 (S.B. 256, 2026 Gen. Sess.)
- Status
- In effect
- Took effect
- May 6, 2026
- Applies to
- Plaintiffs bringing libel/slander actions over digitally created content (notice obligation); publishers, who get the 10-day removal option.
- Enforced by
- None (private civil litigation in Utah courts).
Utah's defamation law now expressly states it is not a defense to a libel or slander claim that the content was made with generative AI, computer animation, digital manipulation, or simulated/recreated content. Before suing over digitally created content, the person must send the publisher written notice; if the publisher removes it within 10 days, the plaintiff can recover only actual damages.
Who is protected: Individuals who are subjects of allegedly defamatory AI-generated or digitally manipulated content.
Legal detail
Enacts Utah Code 45-2-3.5 (generative-AI/digital manipulation is not a defense to libel or slander) and 45-2-14 (pre-suit written notice; recovery limited to actual damages if removed within 10 days; no liability on 47 U.S.C. 230 services). Also amends the Abuse of Personal Identity Act (45-3-2 to 45-3-7) to give each individual the exclusive right to consent to use of their personal identity, define consent, and extend abuse of personal identity to unauthorized distribution and trafficking in identity-replication tools, with exemptions. Sponsors Sen. Kirk A. Cullimore / Rep. Jordan D. Teuscher. Effective May 6, 2026.
Key facts
| Jurisdiction | Utah |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | March 25, 2026 |
| Citation | Utah Code 45-2-3.5, 45-2-14; amends 45-3-2 through 45-3-7 (S.B. 256, 2026 Gen. Sess.) |
| Private right of action | Yes, individuals can sue |
| Penalties | Pre-existing libel and slander remedies; if the publisher removes content within 10 days of notice, recovery is limited to actual damages. |
| Topics | deepfakes · consumer protection |
| Bill text | Enrolled Copy S.B. 256, Identity Protection Modifications (2026 General Session) |
More AI rules in Utah
- Utah HB 76 data center water transparency (2026) · In effect
- Utah EO 2026-08 pro-human AI in state government · In effect
- UT HB 101 (2019 AV statute) · In effect
- UT drone-wildfire law · In effect
- Utah H.B. 148 (computer-generated CSAM & intimate images count as illegal) · In effect
- Utah H.B. 238 (AI-generated child sexual abuse material is illegal) · In effect
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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