25.692.9 100th Legislative Session 164
2025 South Dakota Legislature
Senate Bill 164
Introduced by: Senator Larson
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit the use of a deepfake to influence an election and to provide a 1
penalty therefor. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 12-26: 4
For the purposes of this Act, the term "deepfake" means any image, audio 5
recording, or video recording created or manipulated with the use of artificial intelligence 6
or other digital technology that is so realistic, a reasonable person would believe it depicts 7
the speech or conduct of an actual individual who did not in fact engage in the speech or 8
conduct. 9
Section 2. That a NEW SECTION be added to chapter 12-26: 10
No person, with the intent to injure a candidate, may disseminate a deepfake or 11
enter into a contract or other agreement to disseminate a deepfake, within ninety days of 12
an election, if the person knows or reasonably should know the item being disseminated 13
is a deepfake and does not include with the deepfake the disclosure described in section 14
6 of this Act. 15
A violation of this section is a Class 1 misdemeanor. 16
Section 3. That a NEW SECTION be added to chapter 12-26: 17
Section 2 of this Act does not apply: 18
(1) If the deepfake constitutes satire or parody; 19
(2) To a radio or television broadcasting system, or cable or satellite television 20
operator, programmer, or producer that: 21
(a) Broadcasts a deepfake as part of a bona fide newscast, news interview, 22
news documentary, or on-the-spot coverage of a bona fide news event, if 23
the broadcast clearly acknowledges through content or disclosure, in a 24 25.692.9 2 164
Underscores indicate new language.
Overstrikes indicate deleted language.
manner easily heard or read by the average listener or viewer, that there 1
are questions about the authenticity of the deepfake; or 2
(b) Is paid to broadcast or publish a deepfake; 3
(3) To an internet website or regularly published newspaper, magazine, or other 4
periodical of general circulation, including an internet or electronic publication, that 5
routinely carries news and commentary of general interest and is paid to publish 6
or otherwise disseminate a deepfake; or 7
(4) To an internet service provider, domain provider, cloud service provider, or other 8
provider that hosts, receives, transmits, stores, or provides access or connection 9
to a website, network, system, or other content on the internet that features a 10
deepfake, to the extent that the provider acts in a merely technical, automatic, or 11
intermediate nature. 12
Section 4. That a NEW SECTION be added to chapter 12-26: 13
The attorney general, a candidate who is injured or likely to be injured by the 14
dissemination of a deepfake in violation of section 2 of this Act, or the individual depicted 15
in a deepfake disseminated in violation of section 2 of this Act may seek injunctive or 16
other equitable relief prohibiting the dissemination of the deepfake. 17
Section 5. That a NEW SECTION be added to chapter 12-26: 18
A person who disseminates a deepfake in violation of section 2 of this Act is liable 19
to the candidate and the individual depicted in the deepfake for damages, reasonable costs 20
and attorney fees, and any other relief the court deems proper. The plaintiff bears the 21
burden of establishing the person knowingly made use of a deepfake by clear and 22
convincing evidence in any action brought pursuant to this section. 23
Nothing in this section limits any other cause of action from being brought against 24
a person who disseminates a deepfake in violation of section 2 of this Act. 25
Section 6. That a NEW SECTION be added to chapter 12-26: 26
It is an affirmative defense for any action brought pursuant to this Act that the 27
deepfake includes a disclosure stating: "This (image/video/audio) has been digitally 28
generated or manipulated and is not an accurate representation of fact or actual events." 29
For an image or video recording, the text of the disclosure must appear in a size that is 30
easily readable by the average viewer and no smaller than the largest font size of other 31 25.692.9 3 164
Underscores indicate new language.
Overstrikes indicate deleted language.
text appearing in the image or video recording. The disclosure must be superimposed over 1
each deepfake. For an audio recording, the disclosure must be read in a clearly spoken 2
manner and in a pitch that is easily heard by the average listener at the beginning and 3
end of the audio recording. 4