Virginia's House Bill 2462, introduced on January 27, 2025, aims to strengthen protections against the unauthorized use of individuals' names, portraits, voices, and likenesses, particularly in the context of digital replicas. This legislation addresses growing concerns over privacy and consent in an increasingly digital world, where technology can easily replicate a person's identity without their permission.

The bill amends § 8.01-40 of the Code of Virginia, defining "digital replica" as a highly realistic electronic representation identifiable as an individual's voice or likeness. It establishes that individuals must provide written consent for their likeness to be used for advertising or trade purposes. If consent is not obtained, individuals can pursue legal action to prevent unauthorized use and seek damages, including punitive damages if the infringement is willful.

A significant aspect of the bill is its focus on digital replicas, which are becoming more prevalent in media and entertainment. The legislation stipulates that those who produce or distribute a digital replica without consent could face penalties of at least $1,000 or the actual damages incurred. However, it also outlines specific criteria under which a digital replica can be used without prior consent, although these criteria have yet to be fully detailed in the current text.

The introduction of HB2462 has sparked discussions among lawmakers, industry stakeholders, and privacy advocates. Proponents argue that the bill is essential for protecting individuals' rights in the digital age, where unauthorized use of likenesses can lead to significant personal and financial harm. Critics, however, express concerns about potential overreach and the implications for creative expression, particularly in artistic and entertainment contexts.

As the bill progresses through the legislative process, its implications could resonate beyond Virginia, potentially influencing similar legislative efforts in other states. The outcome of this bill may set a precedent for how digital identities are protected, balancing individual rights with the needs of creators and businesses in the digital landscape. The General Assembly's decision on HB2462 will be closely watched, as it could redefine the legal framework surrounding personal likenesses in an era dominated by digital media.