South Dakota 2025 Regular Session

South Dakota Senate Bill SB164 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.692.11 100th Legislative Session 164
	1	+	25.692.10 100th Legislative Session 164
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		Senate Bill 164
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to prohibit the use of a deepfake to influence an election and to
12		-	provide a penalty therefor.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That a NEW SECTION be added to chapter 12-26:
15		-	Terms used in this Act mean:
16		-	(1) "Artificial intelligence," any machine-based system that, for any explicit or implicit
17		-	objective, infers from the inputs received by the system how to generate content,
18		-	decisions, predictions, recommendations, or other outputs, which can influence
19		-	physical or virtual environments; and
20		-	(2) "Deepfake," any image, audio recording, or video recording created or manipulated
21		-	with the use of artificial intelligence or other digital technology that is so realistic,
22		-	a reasonable person would believe it depicts the speech or conduct of an actual
23		-	individual who did not in fact engage in the speech or conduct.
24		-	Section 2. That a NEW SECTION be added to chapter 12-26:
25		-	No person, with the intent to injure a candidate, may disseminate a deepfake or
26		-	enter into a contract or other agreement to disseminate a deepfake, within ninety days of
27		-	an election, if the person knows or reasonably should know the item being disseminated
28		-	is a deepfake and does not include with the deepfake the disclosure described in section
29		-	6 of this Act.
30		-	A violation of this section is a Class 1 misdemeanor.
31		-	Section 3. That a NEW SECTION be added to chapter 12-26:
32		-	Section 2 of this Act does not apply:
33		-	(1) If the deepfake constitutes satire or parody; 25.692.11 2 164
34		-	SB164 ENROLLED
35		-	(2) To a radio or television broadcasting system, or cable or satellite television
36		-	operator, programmer, or producer that:
37		-	(a) Broadcasts a deepfake as part of a bona fide newscast, news interview,
38		-	news documentary, or on-the-spot coverage of a bona fide news event, if
39		-	the broadcast clearly acknowledges through content or disclosure, in a
40		-	manner easily heard or read by the average listener or viewer, that there
41		-	are questions about the authenticity of the deepfake; or
42		-	(b) Is paid to broadcast or publish a deepfake;
43		-	(3) To an internet website or regularly published newspaper, magazine, or other
44		-	periodical of general circulation, including an internet or electronic publication, that
45		-	routinely carries news and commentary of general interest and is paid to publish
46		-	or otherwise disseminate a deepfake; or
47		-	(4) To an internet computer service, as defined in 47 U.S.C. § 230 (January 3, 2024),
48		-	internet service provider, domain provider, cloud service provider, or other
49		-	provider that hosts, receives, transmits, stores, or provides access or connection
50		-	to a website, network, system, or other content on the internet that features a
51		-	deepfake, to the extent that the provider acts in a merely technical, automatic, or
52		-	intermediate nature.
53		-	Section 4. That a NEW SECTION be added to chapter 12-26:
54		-	The attorney general, a candidate who is injured or likely to be injured by the
55		-	dissemination of a deepfake in violation of section 2 of this Act, or the individual depicted
56		-	in a deepfake disseminated in violation of section 2 of this Act may seek injunctive or
57		-	other equitable relief prohibiting the dissemination of the deepfake.
58		-	Section 5. That a NEW SECTION be added to chapter 12-26:
59		-	A person who disseminates a deepfake in violation of section 2 of this Act is liable
60		-	to the candidate and the individual depicted in the deepfake for damages, reasonable costs
61		-	and attorney fees, and any other relief the court deems proper. The plaintiff bears the
62		-	burden of establishing the person knowingly made use of a deepfake by clear and
63		-	convincing evidence in any action brought pursuant to this section.
64		-	Nothing in this section limits any other cause of action from being brought against
65		-	a person who disseminates a deepfake in violation of section 2 of this Act.
66		-	Section 6. That a NEW SECTION be added to chapter 12-26: 25.692.11 3 164
67		-	SB164 ENROLLED
68		-	It is an affirmative defense for any action brought pursuant to this Act that the
69		-	deepfake includes a disclosure stating: "This (image/video/audio) has been manipulated
70		-	or generated by artificial intelligence." For an image or video recording, the text of the
71		-	disclosure must appear in a size that is easily readable by the average viewer and no
72		-	smaller than the largest font size of other text appearing in the image or video recording.
73		-	The disclosure must be superimposed over each deepfake. For an audio recor ding, the
74		-	disclosure must be read in a clearly spoken manner and in a pitch that is easily heard by
75		-	the average listener at the beginning and end of the audio recording. 25.692.11 4 164
76		-	SB164 ENROLLED
77		-	An Act to prohibit the use of a deepfake to influence an election and to provide a penalty
78		-	therefor.
79		-
80		-
81		-
82		-
83		-	I certify that the attached Act originated in
84		-	the:
85		-
86		-	Senate as Bill No. 164
87		-
88		-
89		-
90		-	Secretary of the Senate
91		-
92		-
93		-
94		-
95		-	President of the Senate
96		-
97		-	Attest:
98		-
99		-
100		-
101		-
102		-	Secretary of the Senate
103		-
104		-
105		-
106		-
107		-	Speaker of the House
108		-
109		-	Attest:
	6	+	SENATE STATE AFFAIRS ENGROSSED
110	7
111	8
112	9
113	10
114	11
115		-	~~Chief Clerk~~
	12	+	Introduced by: Senator Larson
116	13
117		-
118		-
119		-	Senate Bill No. 164
120		-	File No. ____
121		-	Chapter No. ______
122		-
123		-
124		-
125		-	Received at this Executive Office
126		-	this _____ day of _____________,
127		-
128		-	2025 at ____________M.
129		-
130		-
131		-
132		-	By
133		-	for the Governor
134		-
135		-
136		-	The attached Act is hereby
137		-	approved this ________ day of
138		-	______________, A.D., 2025
139		-
140		-
141		-
142		-
143		-
144		-	Governor
145		-
146		-	STATE OF SOUTH DAKOTA ,
147		-	ss.
148		-	Office of the Secretary of State
149		-
150		-
151		-	Filed ____________, 2025
152		-	at _________ o'clock __M.
153		-
154		-
155		-
156		-
157		-
158		-	Secretary of State
159		-
160		-
161		-
162		-	By
163		-	Asst. Secretary of State
164		-
165		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to prohibit the use of a deepfake to influence an election and to provide a 1
	17	+	penalty therefor. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That a NEW SECTION be added to chapter 12-26: 4
	20	+	Terms used in this Act mean: 5
	21	+	(1) "Artificial intelligence," any machine-based system that, for any explicit or implicit 6
	22	+	objective, infers from the inputs received by the system how to generate content, 7
	23	+	decisions, predictions, recommendations, or other outputs, which can influence 8
	24	+	physical or virtual environments; and 9
	25	+	(2) "Deepfake," any image, audio recording, or video recording created or manipulated 10
	26	+	with the use of artificial intelligence or other digital technology that is so realistic, 11
	27	+	a reasonable person would believe it depicts the speech or conduct of an actual 12
	28	+	individual who did not in fact engage in the speech or conduct. 13
	29	+	Section 2. That a NEW SECTION be added to chapter 12-26: 14
	30	+	No person, with the intent to injure a candidate, may disseminate a deepfake or 15
	31	+	enter into a contract or other agreement to disseminate a deepfake, within ninety days of 16
	32	+	an election, if the person knows or reasonably should know the item being disseminated 17
	33	+	is a deepfake and does not include with the deepfake the disclosure described in section 18
	34	+	6 of this Act. 19
	35	+	A violation of this section is a Class 1 misdemeanor. 20
	36	+	Section 3. That a NEW SECTION be added to chapter 12-26: 21
	37	+	Section 2 of this Act does not apply: 22
	38	+	(1) If the deepfake constitutes satire or parody; 23 25.692.10 2 164
	39	+	Underscores indicate new language.
	40	+	Overstrikes indicate deleted language.
	41	+	(2) To a radio or television broadcasting system, or cable or satellite television 1
	42	+	operator, programmer, or producer that: 2
	43	+	(a) Broadcasts a deepfake as part of a bona fide newscast, news interview, 3
	44	+	news documentary, or on-the-spot coverage of a bona fide news event, if 4
	45	+	the broadcast clearly acknowledges through content or disclosure, in a 5
	46	+	manner easily heard or read by the average listener or viewer, that there 6
	47	+	are questions about the authenticity of the deepfake; or 7
	48	+	(b) Is paid to broadcast or publish a deepfake; 8
	49	+	(3) To an internet website or regularly published newspaper, magazine, or other 9
	50	+	periodical of general circulation, including an internet or electronic publication, that 10
	51	+	routinely carries news and commentary of general interest and is paid to publish 11
	52	+	or otherwise disseminate a deepfake; or 12
	53	+	(4) To an internet computer service, as defined in 47 U.S.C. § 230 (January 3, 2024), 13
	54	+	internet service provider, domain provider, cloud service provider, or other 14
	55	+	provider that hosts, receives, transmits, stores, or provides access or connection 15
	56	+	to a website, network, system, or other content on the internet that features a 16
	57	+	deepfake, to the extent that the provider acts in a merely technical, automatic, or 17
	58	+	intermediate nature. 18
	59	+	Section 4. That a NEW SECTION be added to chapter 12-26: 19
	60	+	The attorney general, a candidate who is injured or likely to be injured by the 20
	61	+	dissemination of a deepfake in violation of section 2 of this Act, or the individual depicted 21
	62	+	in a deepfake disseminated in violation of section 2 of this Act may seek injunctive or 22
	63	+	other equitable relief prohibiting the dissemination of the deepfake. 23
	64	+	Section 5. That a NEW SECTION be added to chapter 12-26: 24
	65	+	A person who disseminates a deepfake in violation of section 2 of this Act is liable 25
	66	+	to the candidate and the individual depicted in the deepfake for damages, reasonable costs 26
	67	+	and attorney fees, and any other relief the court deems proper. The plaintiff bears the 27
	68	+	burden of establishing the person knowingly made use of a deepfake by clear and 28
	69	+	convincing evidence in any action brought pursuant to this section. 29
	70	+	Nothing in this section limits any other cause of action from being brought against 30
	71	+	a person who disseminates a deepfake in violation of section 2 of this Act. 31
	72	+	Section 6. That a NEW SECTION be added to chapter 12-26: 32 25.692.10 3 164
	73	+	Underscores indicate new language.
	74	+	Overstrikes indicate deleted language.
	75	+	It is an affirmative defense for any action brought pursuant to this Act that the 1
	76	+	deepfake includes a disclosure stating: "This (image/video/audio) has been manipulated 2
	77	+	or generated by artificial intelligence." For an image or video recording, the text of the 3
	78	+	disclosure must appear in a size that is easily readable by the average viewer and no 4
	79	+	smaller than the largest font size of other text appearing in the image or video recording. 5
	80	+	The disclosure must be superimposed over each deepfake. For an audio recording, the 6
	81	+	disclosure must be read in a clearly spoken manner and in a pitch that is easily heard by 7
	82	+	the average listener at the beginning and end of the audio recording. 8