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Senate passes bill requiring labels on election‑related deepfakes and gives injunctive relief to victims
Summary
Senate Bill 164, defining 'deepfake' and requiring disclosure for election‑related synthetic media, passed the Senate 32–3. The measure is a disclosure requirement with exemptions for satire and certain media intermediaries and allows injunctive relief and a misdemeanor penalty for violations.
Senate Bill 164, which defines artificial‑intelligence generated “deepfakes” and requires disclosure of election‑related synthetic audio or visual content, passed the South Dakota Senate by a roll‑call vote of 32 yeas and 3 nays.
Sponsor Senator Larson described the bill as a disclosure‑only approach that would require labeling of election‑related deepfakes within 90 days of an election and empower victims to seek injunctive relief to remove misleading content. Larson said the measure builds on a summer study and would, for the first time in state code, define “artificial intelligence” and “deepfake.” He emphasized the bill is intended to be a limited, constitutionally defensible intervention — a disclosure requirement rather than a ban — and that it includes exemptions for satire, the news media, and internet intermediaries that are merely relaying material.
Supporters said the law addresses a growing risk: easily available apps can fabricate convincing audio and video that could be deployed to influence voters shortly before an election. Opponents warned about First Amendment concerns; Senator Carly urged caution on free‑speech grounds. The attorney general’s office reviewed the bill on constitutional issues and testified as a proponent during committee work, according to the sponsor.
On a roll call for final passage the secretary recorded 32 yeas and 3 nays and the president declared the bill passed. The bill now heads to the House for further consideration.
