Prohibit the dissemination of materially deceptive media without disclosure and to provide a penalty therefor.
The bill establishes legal consequences for individuals who fail to comply with the disclosure requirement. Specifically, anyone who knowingly disseminates materially deceptive media without disclosing its manipulation will face a Class 1 misdemeanor charge. Moreover, those who distribute such media with the intent to defame or exploit the subjects depicted can also be prosecuted under the new law. This introduces a legal framework to address the potential harms caused by deceptive media in society.
Senate Bill 107 (SB107) aims to address the issue of materially deceptive media, defined as images, videos, or audio recordings that have been intentionally altered to misrepresent the content. The bill mandates that anyone disseminating such manipulated media must include a clear disclosure stating that the media has been altered. This disclosure must be prominently displayed, ensuring that viewers or listeners recognize the authenticity of the content being presented. If enacted, these requirements will introduce new standards for media dissemination in South Dakota.
Some notable points of contention may arise regarding the bill’s implications for freedom of expression and concerns about its enforcement. Critics might argue that the bill could unintentionally hinder artistic expression, parody, or legitimate journalistic practices that often involve altered content. Furthermore, the exemption for certain media entities, such as television stations broadcasting news content, could lead to debates about the fairness and consistency of the law's application across different types of media creators and distributors.