Prohibit the use of a deepfake to influence an election and to provide a penalty therefor.
The passage of SB164 would introduce significant changes to South Dakota's legal framework concerning electioneering and digital content. The bill classifies the intentional dissemination of a deepfake with the intent to harm a candidate as a Class 1 misdemeanor, allowing candidates and the attorney general to seek legal remedies. This amendment to the law emphasizes the need for accountability in the age of social media where misinformation can proliferate rapidly. Consequently, it aims to serve as a deterrent against the malicious use of technology to manipulate public perception during elections.
Senate Bill 164 aims to prohibit the use of deepfake technology to influence elections in South Dakota. The bill defines 'deepfake' as any realistic image, audio, or video that has been manipulated using artificial intelligence that could mislead viewers into believing it depicts actual speech or conduct of a person. By establishing legal penalties for disseminating such materials within ninety days of an election, the bill seeks to maintain the integrity of the electoral process and protect candidates from potentially harmful misinformation.
The sentiment surrounding SB164 appears to be mixed among legislators and the public. Proponents argue that this legislation is essential for safeguarding democratic processes and preventing election manipulation. They express concern over the rising prevalence of digital misinformation and the potential for deepfakes to undermine trust in electoral outcomes. On the other hand, critics may raise concerns about the implications for free speech and the challenge of enforcing such laws without infringing on legitimate uses of content, such as satire or parody.
One notable point of contention in discussions around SB164 includes the balance between regulation and freedom of expression. While the bill includes exemptions for satire or parody and protections for traditional media broadcasting, apprehensions remain about how broadly the law might be interpreted. Additionally, the bill's requirement for deepfakes to clearly indicate their nature could lead to practical enforcement challenges, especially on platforms where rapid dissemination of information is the norm. Therefore, the effectiveness of this bill will largely depend on its implementation and public compliance.