This bill aims to prohibit the use of deepfakes to influence elections in South Dakota, establishing penalties for violations. A "deepfake" is defined as any image, audio, or video that has been created or manipulated using artificial intelligence or digital technology to the extent that it appears to depict the actions or speech of a real individual. The bill makes it illegal for any person to disseminate a deepfake with the intent to harm a candidate within ninety days of an election, unless certain exceptions apply, such as when the deepfake is satire or part of a bona fide news broadcast that acknowledges its authenticity issues. Violators of this provision would face a Class 1 misdemeanor.

Additionally, the bill allows for legal recourse for candidates or individuals harmed by the dissemination of deepfakes, enabling them to seek injunctive relief and damages. It also establishes an affirmative defense for those accused of violating the law if the deepfake includes a clear disclosure stating that it has been digitally manipulated and does not accurately represent facts. The disclosure must be prominently displayed in a manner that is easily readable or audible to the average viewer or listener. Overall, the legislation seeks to protect the integrity of elections by addressing the potential misuse of deepfake technology.