People or groups who try to use unlabeled deepfakes to influence voters in South Dakota during election season could soon face criminal and civil penalties under legislation that state lawmakers approved this week.
The deepfake bill, which received final passage from the GOP-controlled state legislature on Monday, now heads to Gov. Larry Rhoden (R) for his signature.
The legislation applies to “deepfakes” defined as digitally altered images, video or audio that are “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” and are circulated within 90 days of elections in the state. Violators could face misdemeanor charges punishable with fines and up to a year in prison.
Rhoden’s office didn’t immediately respond to The Hill’s request for comment. Rhoden, who was South Dakota’s lieutenant governor until January when then-Gov. Kristi Noem (R) resigned to join the Trump administration, has previously signaled his support for the legislation.
Deepfakes have created concern among officials and experts over the potential to mislead voters and impact elections as the use of realistic artificial intelligence (AI) grows. Several instances made headlines in the 2024 election cycle, including a New Hampshire robocall with an AI-generated voice that mimicked then-President Biden.
Opponents of the South Dakota bill raised concerns about the potential impact on free speech.
Under the legislation, political deepfakes could be shared freely without labels as long as it’s outside of the 90-day election window. Fabricated images and recordings deemed satire and deepfakes that have been labeled would not violate the law, even during the runup to Election Day.
