SB 164 (2025), SL 2025 ch. 68: Prohibit the use of a deepfake to influence an election
In effectRequired disclaimer, word for word
“This (image/video/audio) has been manipulated or generated by artificial intelligence.”
- Citation
- S.D. Codified Laws 12-26-32 to 12-26-37
- Enacted
- March 31, 2025
- Effective
- July 1, 2025
- When it applies
- within 90 days of an election
- Media covered
- images, audio recordings, and video recordings created or manipulated with AI or other digital technology
- Who it covers
- any person who disseminates a deepfake or contracts to disseminate one
- Rule
- ban unless disclosed
- Intent required
- intent to injure a candidate, and knows or reasonably should know the item is a deepfake
- Disclaimer format
- Image or video: text easily readable by the average viewer, no smaller than the largest font of other text in the image or video, and superimposed over each deepfake. Audio: read clearly, in a pitch easily heard by the average listener, at the beginning and end of the recording.
- Exemptions
- satire or parody
- radio, TV, cable, or satellite broadcasts of a deepfake in bona fide news coverage that clearly acknowledges questions about authenticity
- broadcasters paid to broadcast or publish a deepfake
- news websites, newspapers, magazines, and periodicals paid to publish a deepfake
- interactive computer services, ISPs, domain, cloud, and hosting providers acting in a merely technical, automatic, or intermediate way
- Criminal penalty
- Class 1 misdemeanor (in South Dakota, up to 1 year in county jail, a $2,000 fine, or both)
- Civil penalty
- Damages, reasonable costs and attorney fees, and other relief to the candidate and the depicted individual
- Who can sue
- Yes. The injured candidate and the depicted individual may sue for damages (clear and convincing evidence that the defendant knowingly used a deepfake). The Attorney General, an injured or likely injured candidate, or the depicted person may seek an injunction.
- Injunction available
- Yes
- Notes
- The disclosure is framed as an affirmative defense to any action, not a standalone duty, so labeled deepfakes are lawful. Signed by the governor 2025-03-31 per the legislature's action log; no emergency clause, so it took effect on South Dakota's standard July 1 date.