Prohibit the use of a deepfake to influence an election and to provide a penalty therefor.
Impact
If enacted, SB96 would significantly affect election-related processes and the handling of digital media within South Dakota. It would empower candidates or individuals depicted in deepfakes to seek legal recourse, including injunctive relief and potential damages. The bill provides a legal framework aimed at protecting the integrity of elections and ensuring that voters are exposed to authentic representations of candidates and their positions. By laying down clear penalties, it intends to deter the use of deceptive digital manipulations in political campaigns.
Summary
Senate Bill 96 aims to prohibit the dissemination of deepfakes intended to influence elections in South Dakota. The legislation defines a deepfake as any manipulated image, video, or audio that may mislead individuals by making them believe it is genuine. It establishes that disseminating such materials with the intent to harm a candidate within 90 days of an election is classified as a Class 1 misdemeanor. The bill seeks to address the growing concerns around misinformation and the use of technology to distort political discourse.
Sentiment
The general sentiment surrounding SB96 appears to be supportive from those concerned about election integrity and the impact of misinformation on the democratic process. Proponents argue that the bill is a necessary measure to protect candidates and ensure fair elections. However, there may also be skepticism regarding how the legislation will be enforced and whether it could unintentionally infringe upon freedom of expression, especially concerning satire or parody, which are exempt from restrictions under this bill.
Contention
Notable points of contention include the balance between curbing harmful disinformation and preserving First Amendment rights. Critics might argue that the definitions of deepfakes and the intent behind their dissemination could lead to overreach and misuse of the law, potentially targeting legitimate political discourse or artistic expression. Moreover, establishing standards for what constitutes a deepfake and ensuring clarity in legal definitions will likely be points of debate as the bill progresses.