SB 164 (2025), Session Laws 2025, chapter 68: deepfakes used to influence elections

Summary

South Dakota prohibits disseminating a deepfake, or contracting to disseminate one, with intent to injure a candidate within ninety days of an election, where the person knows or reasonably should know it is a deepfake and it lacks the required disclosure; a violation is a Class 1 misdemeanor. A deepfake is an image, audio or video recording created or manipulated with AI or other digital technology so realistic that a reasonable person would believe it shows the real speech or conduct of a person who did not engage in it, and the act defines artificial intelligence. Satire and parody, bona fide news coverage that flags questions about authenticity, paid broadcasts and publications, and technical intermediaries are excepted. The attorney general, an injured candidate or the depicted person may seek injunctive relief, and the candidate and depicted person may recover damages, costs and attorney fees. It is an affirmative defense that the deepfake carried the disclosure "This (image/video/audio) has been manipulated or generated by artificial intelligence." with prescribed size and placement.

Key dates

1. March 31, 2025Enacted
2. July 1, 2025Takes effect
3. October 20, 2026Checked against sources
4. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: October 20, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

1. "StatusText":"Signed by the Governor","Description":"Signed by the Governor","JournalPage":539,"StartPageNumber":0,"ActionCommittee":{"Name":"Senate",

   Supports: Governor signed (action dated March 31, 2025)

   SB 164 (2025) action log South Dakota Legislature Primary source

2. 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,

   Supports: Prohibition

   A violation of this section is a Class 1 misdemeanor.

   Supports: Penalty

   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."

   Supports: Disclosure defense

   Senate Bill 164, Enrolled (2025) South Dakota Legislature Primary source

3. "SessionLaw":"68","SessionLawTypeId":1,"Catchline":"An Act to prohibit the use of a deepfake to influence an election and to provide a penalty therefor."

   Supports: Session law chapter 68

   Session Laws, 2025 session South Dakota Legislature Primary source

4. an act of the Legislature which does not prescribe when it shall take effect, if passed at a regular session, takes effect on the first day of July after its passage

   Supports: Effective date rule

   SDCL 2-14-16, Effective date of legislative acts South Dakota Legislature Primary source