25.692.11 100th Legislative Session 164
2025 South Dakota Legislature
Senate Bill 164
ENROLLED
AN ACT
ENTITLED An Act to prohibit the use of a deepfake to influence an election and to
provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 12-26:
Terms used in this Act mean:
(1) "Artificial intelligence," any machine-based system that, for any explicit or implicit
objective, infers from the inputs received by the system how to generate content,
decisions, predictions, recommendations, or other outputs, which can influence
physical or virtual environments; and
(2) "Deepfake," any image, audio recording, or video recording created or manipulated
with the use of artificial intelligence or other digital technology that is so realistic,
a reasonable person would believe it depicts the speech or conduct of an actual
individual who did not in fact engage in the speech or conduct.
Section 2. That a NEW SECTION be added to chapter 12-26:
No person, with the intent to injure a candidate, may disseminate a deepfake or
enter into a contract or other agreement to disseminate a deepfake, within ninety days of
an election, if the person knows or reasonably should know the item being disseminated
is a deepfake and does not include with the deepfake the disclosure described in section
6 of this Act.
A violation of this section is a Class 1 misdemeanor.
Section 3. That a NEW SECTION be added to chapter 12-26:
Section 2 of this Act does not apply:
(1) If the deepfake constitutes satire or parody; 25.692.11 2 164
SB164 ENROLLED
(2) To a radio or television broadcasting system, or cable or satellite television
operator, programmer, or producer that:
(a) Broadcasts a deepfake as part of a bona fide newscast, news interview,
news documentary, or on-the-spot coverage of a bona fide news event, if
the broadcast clearly acknowledges through content or disclosure, in a
manner easily heard or read by the average listener or viewer, that there
are questions about the authenticity of the deepfake; or
(b) Is paid to broadcast or publish a deepfake;
(3) To an internet website or regularly published newspaper, magazine, or other
periodical of general circulation, including an internet or electronic publication, that
routinely carries news and commentary of general interest and is paid to publish
or otherwise disseminate a deepfake; or
(4) To an internet computer service, as defined in 47 U.S.C. ยง 230 (January 3, 2024),
internet service provider, domain provider, cloud service provider, or other
provider that hosts, receives, transmits, stores, or provides access or connection
to a website, network, system, or other content on the internet that features a
deepfake, to the extent that the provider acts in a merely technical, automatic, or
intermediate nature.
Section 4. That a NEW SECTION be added to chapter 12-26:
The attorney general, a candidate who is injured or likely to be injured by the
dissemination of a deepfake in violation of section 2 of this Act, or the individual depicted
in a deepfake disseminated in violation of section 2 of this Act may seek injunctive or
other equitable relief prohibiting the dissemination of the deepfake.
Section 5. That a NEW SECTION be added to chapter 12-26:
A person who disseminates a deepfake in violation of section 2 of this Act is liable
to the candidate and the individual depicted in the deepfake for damages, reasonable costs
and attorney fees, and any other relief the court deems proper. The plaintiff bears the
burden of establishing the person knowingly made use of a deepfake by clear and
convincing evidence in any action brought pursuant to this section.
Nothing in this section limits any other cause of action from being brought against
a person who disseminates a deepfake in violation of section 2 of this Act.
Section 6. That a NEW SECTION be added to chapter 12-26: 25.692.11 3 164
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It is an affirmative defense for any action brought pursuant to this Act that the
deepfake includes a disclosure stating: "This (image/video/audio) has been manipulated
or generated by artificial intelligence." For an image or video recording, the text of the
disclosure must appear in a size that is easily readable by the average viewer and no
smaller than the largest font size of other text appearing in the image or video recording.
The disclosure must be superimposed over each deepfake. For an audio recor ding, the
disclosure must be read in a clearly spoken manner and in a pitch that is easily heard by
the average listener at the beginning and end of the audio recording. 25.692.11 4 164
SB164 ENROLLED
An Act to prohibit the use of a deepfake to influence an election and to provide a penalty
therefor.
I certify that the attached Act originated in
the:
Senate as Bill No. 164
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 164
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State