New Hampshire

The state of New Hampshire has enacted laws and/or issued guidance on Artificial Intelligence (AI). Companies subject to New Hampshire law should be familiar with all relevant AI-related laws, regulations, and guidance, including those listed below.

Laws and Regulations

General
N.H. Rev. Stat. § 638:26-a – Prohibiting Certain Uses of Deepfakes and Creating a Private Claim of Action (Effective: January 1, 2025)

The Law provides that a person is guilty of a class B felony if the person knowingly creates, distributes, or presents any likeness in video, audio, or any other media of an identifiable individual that constitutes a deepfake for the purpose of embarrassing, harassing, entrapping, defaming, extorting, or otherwise causing any financial or reputational harm to the identifiable person. The Law also provides that a person may bring an action against any person who knowingly uses any likeness in video, audio, or any other media of that person to create a deepfake for the purpose of embarrassing, harassing, entrapping, defaming, extorting, or otherwise causing any financial or reputational harm to that person for damages resulting from such use. The Law exempts certain entities when specific conditions apply, such as where a particular disclosure is provided.

Elections

The following law applies in the context of elections in New Hampshire.

N.H. Rev. Stat. § 664:14-c – Synthetic Media and Deceptive and Fraudulent Deepfakes (Effective: August 1, 2024)

The Law provides that a person, corporation, committee, or other entity must not, within 90 days of an election at which a candidate for elective office will appear on the ballot, distribute a message created using AI or generative AI that the person, corporation, committee or other entity knows or should have known is a deepfake. The Law does not apply if the specified disclosure is provided.