Restrict the distribution of deceptive images or recordings with the intent to influence the outcome of an election.
If enacted, SB121 would significantly alter the landscape of political advertising and campaign practices in South Dakota by imposing new restrictions on how candidates and their supporters can communicate about their opponents. The law would allow candidates whose images or voices are represented incorrectly in published media to seek legal remedies, including injunctions and civil damages. This provision aims to protect candidates' reputations against digital manipulations that could mislead voters, thereby contributing to a fairer election environment.
Senate Bill 121 is a proposed measure aimed at regulating the distribution of materially deceptive images or recordings during election periods in South Dakota. The bill defines 'materially deceptive media' as any manipulated image, audio, or video that may mislead a reasonable person regarding a candidate's true appearance, actions, or speech. The legislation specifically targets the dissemination of such media on election day or within 90 days leading up to an election, with the intent of influencing election outcomes. Exceptions are made for certain types of disclosures; for example, manipulated media can be shared as long as clear notifications are included indicating the content's altered nature.
The bill has sparked notable debate among stakeholders. Proponents argue that SB121 is a necessary step to safeguard election integrity in an age where misinformation can easily spread through digital platforms. They contend that the bill will deter disinformation campaigns that exploit manipulated media to mislead voters. However, critics raise concerns about potential First Amendment implications, suggesting that such restrictions could hinder free speech and the press. They argue that definitions of materially deceptive media might be overly broad, leading to difficulties in enforcement and chilling legitimate expression, such as satire or political commentary.