What Generative AI Liability Insurance Requirements Apply in New Hampshire?

RSA 664:14-c prohibits distributing a known or reasonably knowable deepfake of a candidate, election official, or party within 90 days of an election, unless the required prominent or audible disclosure is included. A depicted candidate or election official may seek injunctive relief and damages. Separately, RSA 649-A:3-c includes realistic synthetic images showing a child’s intimate parts in its child-exploitation provisions.

What Is Generative AI Liability Insurance?

Generative AI liability can help pay covered defense costs and losses when someone claims your AI use caused harm, including infringement or data disclosure. If you use or sell AI outputs, check how the policy fits your role and existing liability coverage. Read the national Generative AI liability guide.

What to Watch for With Generative AI Liability in New Hampshire

  • The election restriction has a defined 90-day window

    The prohibition applies within 90 days of an election where a candidate for elective office appears on the ballot and concerns a candidate, election official, or party on a state or local ballot. The statute also requires knowledge or reason to know the message is a deepfake, with specified exceptions. 1

  • The election disclosure has format and timing rules

    For video, the required disclosure must remain visible throughout; for audio, it must be spoken at the beginning and end and at intervals no longer than two minutes when the clip exceeds two minutes. Confirm rendering, duration, and sponsorship practices for each distribution channel. 1

  • The child-image statute expressly includes synthetic images

    RSA 649-A:3-c defines synthetic image as an image altered or created to depict a realistic but false representation of an individual and includes computer-generated images in the intimate-visual-representation definition. Review age-appearance and intimate-parts cases separately from election-content controls. 2

Providers With New Hampshire License Records

No provider in our research has both a state license record and a listing for this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Who Regulates Insurance in New Hampshire?

New Hampshire Insurance Department

The New Hampshire Insurance Department licenses insurance producers and insurers, oversees insurance markets and investigates complaints concerning entities within the Commissioner’s authority. Its consumer services line is 800-852-3416. 3,4,5,6

Surplus-Lines Tax and Stamping Office in New Hampshire

Reported tax rate. 3% on the New Hampshire allocation; other-state allocations use those states’ rates and fees 7,8,9

New Hampshire charges 3% on gross premium allocated to New Hampshire; for multistate coverage, premium allocated elsewhere is taxed at the rates and fees applicable in those jurisdictions, less qualifying returned premium. The policy notice states that the New Hampshire Guaranty Association will not be liable for surplus-lines policies; placement ordinarily requires proof that admitted coverage cannot be obtained.

Questions to Ask Before You Buy Generative AI Liability in New Hampshire

  1. Can campaign or political-ad workflows enforce New Hampshire’s exact disclosure placement and timing?
  2. Do child-safety controls identify synthetic intimate depictions under RSA 649-A:3-c, even when no child participated in image creation?
  3. Does the quote account for candidate or election-official damages and injunctive relief as well as the separate child-image offense?

Generative AI Liability Insurance in New Hampshire: FAQ

Can a candidate recover damages over a covered deepfake?

Yes. A candidate or election official depicted in a violation may seek an injunction and bring an action for general or special damages against the sponsor; the court may also award fees and costs. 1

Does RSA 664:14-c impose liability on every platform?

No. The provision excludes interactive computer services for third-party content, alongside specific news and paid-publication exceptions. 1

Generative AI Liability Insurance Guides for Other States

Other coverage in New HampshireEvery coverage guide for New Hampshire, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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